DARSHAN SINGH Vs. KASHMIR SINGH ORS.

JUDGEMENT

(1.) This Regular Second Appeal has been directed against the judgment and decree dated 01.08.2011 passed by the learned Additional District Judge (Ad hoc), Fast Tract Court -II, Hoshiarpur, vide which the appeal filed by the appellant -defendant against the judgment and decree dated 23.04.2007 passed by learned Additional Civil Judge (Sr. Division), Dasuya, has been dismissed.

(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.

(3.) Plaintiff -respondent Kashmir Singh has brought a suit for possession of land measuring 2 Kanals comprised of Khasra no. 61 (4 -0) situated at Village Kalu Chang on the allegations that he and his brothers namely Balbir Singh and Sukhdev Singh are joint owners in possession thereof. Defendants have got no right, title or interest in the suit land. They are strong headed persons and taking the undue advantage of their man -power, they had taken the illegal possession of the land measuring 2 Kanals out of the aforesaid Khasra number. Their possession is illegal and unauthorized and is that of a trespasser. They are liable to vacate the suit land after the removal of the superstructure. In the alternative, the plaintiffs have prayed for the possession of that much area of the land out of the aforesaid khasra number which is found to be in illegal possession of the defendants on demarcation. Hence the suit.