MULAKH RAJ Vs. HAWA SINGH AND OTHERS

JUDGEMENT

(1.) The appellant-defendant assailed the judgment and decree dated 07.05.2015 of the Lower Appellate Court remitting the case to the trial Court which had allowed the suit, vide judgment and decree dated 29.08.2013.

(2.) The respondent-plaintiffs filed the suit for possession of land bearing khasra no.109//26/1(0-9) comprised in khewat No.5801, khatoni no.7044, as per jamabandi for the year 2003-04 situated in Mirzapur road, Hisar (hereinafter referred to as "suit property") on the premise that in the month of January 2006 defendant being strong and influential person illegally raised two shops and Chaubara over the piece of land owned by them. The aforementioned illegal construction/encroachment was ascertained on the basis of demarcation report dated 011.2006.

(3.) The appellant-defendant contested the suit on the premise that he had been in possession of khasra no.109//9/1/3(7-10) and there were several other co-sharers in the aforementioned land. In the absence of any pleadings, the suit was not maintainable. It was pleaded that defendant purchased the constructed building at the spot and was running a Dharamkanta (weighing scale of the vehicles). The possession of his share was 02 kanals which was purchased as per the registered sale deed.