MAHA SINGH Vs. JHARIA

JUDGEMENT

(1.) The present respondents nos. 1 to 3 had tiled this suit against the present appellants Maha Singh and Nakal Singh (who were defendants 2 and 3 in the suit) and Om Parkash who had since died and whose legal representatives are now respondents 4 to 6 for possession of a plot bearing Khasra No. 75 (for short No. 75) situated at Dehesra. According to the allegation in the plaint, the plaintiffs were owners of the said plot, measuring 10 Marlas. About 4-5 years prior to the filing to the suit, defendant No. 1. Om Parkash had taken possession of the site in dispute in the absence of the plaintiffs and had made constructions on a part thereof. He also sold a part of that plot to defendants No. 2 and 3.

(2.) The defendants filed a joint written statement and pleaded that the plaintiffs were not the owners of the site over which they (i.e. defendants) were in possession. It may be mentioned here that they did not admit that the site in their possession was part of plot No. 75. They also took up other pleas as would be clear from the following issues framed by the learned trial Court :-

(3.) Feeling aggrieved, the plaintiffs filed an appeal which was heard by the learned Senior subordinate Judge (with Enhanced Appellate Powers), Sonepat. Before him only issue No. 1 was agitated. He held that plaintiffs had succeeded in proving that the land in occupation of the defendants was part of plot bearing No. 75 of which the plaintiffs were the owners. Accordingly he reversed the findings of the learned trial Court given under issue No. 1 and accepted the appeal and decreed the plaintiffs' suit. Not feeling satisfied defendants No. 2 and 3 have come to this Court in second appeal.