RAGHUNANDAN KUMAR Vs. RAMESH LAL

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree, dated August 17, 1979 of the Court of Additional District Judge, Hoshiarpur, whereby he affirmed the findings of the trial Court and dismissed the appeal of the defendants, with costs.

(2.) BRIEF facts of the case are that Ramesh Lal and Jowahar Lal minor sons of Chuni Lal through their father instituted the suit for possession of land measuring 4 Marlas comprised in Khasra No. 184/1 bearing property No. B-I-187 bounded as North : Property No. D-I-181 owned by Sahib Chand, South : Takia bearing Khasra No. 184/2, East : Takia land in possession of defendants, West Bazar, situated at Dasuya. It was pleaded that the property in dispute was evacuee property. It was purchased by Piara Singh son of Jagat Singh for Rs. 505/- in an open auction. Piara Singh further sold it to the plaintiffs for Rs. 600/- through a Sale Deed, dated November 18, 1968 and delivered possession to the plaintiffs. It was further pleaded that Raghunandan Kumar, Hari Mitter and Jugal Kishore sons of Bal Krishan were in illegal possession of the suit land. The plaintiffs sought possession of the land on the basis of ownership. They further pleaded that the plaintiffs had earlier brought a suit for injunction but during the pendency of the suit, defendants took forcible possession of the land in dispute. Consequently, the suit was withdrawn with permission to bring a fresh suit on the same subject-matter.

(3.) DEFENDANTS preferred an appeal. The learned appellate Court affirmed the findings of the trial Court and dismissed the appeal. Hence, this second appeal at the instance of the defendants.