ASHOK KUMAR Vs. RAM ASRA

JUDGEMENT

(1.) THIS is un-successful plaintiff's regular second appeal.

(2.) PLAINTIFF filed a suit for possession of plot bearing No. 16-B measuring 200 sq. yds. per details given in the head-note of the plaint situated within the municipal limits of Yamunanagar. Basis of the claim of the plaintiff is the registered sale deed dated 4. 10. 1977 executed by Ashok Kumar, the erstwhile owner in his favour. According to the plaintiff it is in the year 1981 when he went on the site alongwith few labourers for digging the foundation that he was resisted by defendants 1 to 4 and so in the first instance filed a suit for injunction restraining defendants 1 to 4 and others as well as prayed for interim injunction, which was granted by the Court. It so happened that defendants despite the stay order forcibly occupied the suit land and so the suit was withdrawn with a liberty to file afresh.

(3.) ON the pleadings of the parties a number of issues were framed but primarily the contest revolved around issue No. 1, which reads as: