JAI NARAIN Vs. BODA RAM ALIAS BOD RAJ

JUDGEMENT

(1.) THIS Regular Second Appeal is directed at the behest of the defendants against whom suit for possession of a small piece of land measuring about five marlas, has been decreed by both the Courts vide their impugned judgments and decrees.

(2.) THE plaintiff-respondent, who belongs to down-trodden section of the Society, was allotted the land in dispute in village Datal, Tehsil Narnaul, District Mohindergarh at the time of consolidation proceedings for residential purposes. In order to earn his livelihood, the respondent went and started residing in Delhi. Alleging that about six months before filling of the suit, the appellants who belong to upper caste, encroached upon the said piece of land and have raised construction thereupon, the respondent-plaintiff filed the present suit.

(3.) ON the basis of the pleadings of the parties, learned trial Court framed the following issues on 5.5.1993 :-