GURDEV KAUR Vs. KIRANJEET SINGH

JUDGEMENT

(1.) Present regular second appeal is against judgment and decree dated 16.08.2011 whereby first Appellate Court accepted the appeal and set aside the judgment and decree dated 17.05.2008.

(2.) For the sake of convenience the parties are being referred to as per their status before the Court of first instance.

(3.) Detailed facts of the case have already been recapitulated in the judgments of both the Courts below. However relevant facts for the purpose of decision of present appeal that plaintiff Kiranjeet Singh had filed suit for possession against the defendant on suit land on the ground that plaintiff was illegally dispossessed by the defendant. Plaintiff also claimed mesne profit to the tune of Rs.5,250/-. As per plaintiffs, suit land was purchased from Jangir Kaur vide registered sale deed dated 31.05.2005 and possession was delivered to him by vendor Jangir Kaur on the spot. Mutation No.27286/A was sanctioned in favour of the plaintiff. Defendant has no concern with the suit property but forcibly encroached upon the suit land of the plaintiff. Later on plaintiff got the demarcation of the suit land done from Kanungo on 09.12.2005 and from the report it was evident that defendant encroached upon the land belonging to plaintiff. Request was made by plaintiff to the defendant not to sow next seasonal crop but to no effect and as such suit before Court of first instance.