JANGIR SINGH Vs. WAZIR SINGH

JUDGEMENT

(1.) THIS is a defendant's appeal and has been directed against he judgment and decree dated 13. 10. 1982 passed by the Court of Additional District Judge, Sangrur, who set aside the judgment and decree dated 6. 11. 1979 passed by the Court of Sub Judge 1st Class, Sanam, who dismissed the suit of the plaintiff-respondent, for possession.

(2.) THE pleadings of the parties can be summarised in the following manner:

(3.) NOW , in the excerpt itself Ex. P6, if closely scrutinised, it is found the Moharrir Patwar has not placed on file sufficient material to connect the land in dispute with its old numbers. In note No. 4 he has referred to Lari No. 36 of Haqdarwar. Now that Naksha Haqdarwar has not been produced on this file so as to clarify what value to each party of land was mentioned and how that value was fixed in the present land. Merely referring to Lari number is not mentioned, because the statement of Moharrir Patwar is not final adjudication of the matter and court has to come to its own conclusion on basis of material on file whether this facts is proved or not. From record produced, no corresponding value of land of old Killa numbers can be found out. " 6. Unsuccessful plaintiff Wazir Singh filed the first appeal in the Court of Additional District Judge, Sangrur, who accepted the appeal and set aside the judgment and decree of the trial Court and granted a decree for possession of the entire suit land, as prayed for and the reasons advanced by the first appellate Court are also given in paras Nos. 10 and 11 of the judgment, which I reproduce as under: "