SURJA MAL Vs. HAR NARAIN

JUDGEMENT

(1.) This is unsuccessful plaintiff's regular second appeal. The plaintiff filed a suit for possession of an area measuring 16' x 17' on the western part of plot No. A/10 measuring 66' x 17' on the ground that the plaintiff was owner of plot No. A/10 situate in the abadi of village Rohta, which he has purchased from Custodian Department on 26.2.1969. Since the defendant had illegally taken possession of the above portions, hence this suit.

(2.) The defendant filed written statement and controverted the material averments made by the plaintiff. The defendant has asserted that plaintiff never purchased the disputed site and that the defendant was in possession of his Gitwar from the time of his ancestors. Plea of bar of res judicata was also taken.

(3.) On the pleadings of the parties, the following issues were framed :-