RAJINDER Vs. SATBIR AND ANR.

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the learned First Appellate Court whereby suit for possession of the land measuring 6 marlas marked by the letters E F G H as shown in red colour in the site plan was decreed.

(2.) It is the case of the plaintiff that he purchased the land measuring 3 kanals 5 marlas from one Gugan son of Lalji vide registered sale deed dated 25.10.1996. The possession of the land purchased was delivered to the plaintiff. The plaintiff raised construction over the land measuring 2 kanals 19 marlas out of the land comprised in Khasra No. 302/2, but out of it, the remaining land measuring 6 marlas, as shown in red colour in the site plan, is in illegal unauthorized possession of the defendants. The said area was left vacant for the purpose of tethering the cattle and for parking the Rehra etc.

(3.) The defendant filed written statement denying the ownership of the plaintiff over the suit land. It was asserted that the defendants have raised construction over the area marked by the letters A B C D E F G H in red colour in the site plan filed alongwith the written statement. The possession is alleged to be for more than 24 years. It was also pleaded that earlier the plaintiff filed a Civil Suit which was withdrawn on 24.8.1995 and, thus, the present suit is not maintainable.