CHANNAN SINGH Vs. BACHNA AND OTHERS

JUDGEMENT

(1.) This is an appeal directed by plaintiffs/appellants against the judgment and decree dated 01.08.2014 passed by Shri Jaspal Verma, Additional District Judge, (Adhoc) Fast Track Court, Hoshiarpur vide which the appeal preferred by the plaintiff against the judgment and decree dated 16.09.2011 passed by Shri G.S.Dhillon, the then learned Civil Judge (Senior Division), Garhshankar was dismissed.

(2.) Brief facts of the present case are that suit property marked as ABCD shown in red colour in the site plan as fully detailed in the head note of the plaint is comprised of Khasra No.481(0-7) which is part and parcel of Khewat No.168 Khatauni No.261 as shown in the jamabandi for the year 1997-98 of the village Bhajjal. Previously the plaintiff along with his brother Ram Singh was in possession of the suit property. Ram Singh brother of the plaintiff died in the year 1989. Plaintiff, therefore, claimed that he is now in exclusive possession of the suit property as 'Gair Marusi'.

(3.) Upon notice defendants No.1 and 2 appeared and filed written statement taking preliminary objections regarding locus-standi to file the present suit ; having not come to the court with clean hands ; the site plan of the plaintiff is wrong and that the entries in the revenue record showing the plaintiff and his brother in possession of the suit site are prima facie wrong. On merits, it is submitted that Khasra No.481(1-7) was the ownership of Gram Panchayat of village Bhajjal. The plaintiff and his brother Ram Singh never had any concern with the said khasra number. The entries showing them in possession are wrong and against the existing position at the spot. The land comprised of Khasra No.481 was lower in level like toba. The Gram Panchayat of village Bhajjal could not use the suit site. Answering defendants denied other averments and prayed for dismissal of the suit.