SAJJAN SINGH Vs. KALI RAM

JUDGEMENT

(1.) The appellant-defendant is in Regular Second Appeal against the concurrent finding of fact whereby the suit of the respondentplaintiff for possession of the encroached area measuring 7' x 4' i.e. East 7', West 7', North 4' and South 4' upon the plot comprised in Khewat No. 1393/1338, khatoni No.1559, Khasra No.579/2/9 situated within the area of village Jagsi, Tehsil Gohana, District Sonepat as per report of the Local Commissioner, has been decreed.

(2.) Learned counsel appearing on behalf of the appellant submits that the case set up by the respondent-plaintiff was that the appellant-defendant had forcibly encroached the aforementioned area whereas in the written statement a categoric defence had been taken that the defendant had purchased the land on 22.12.1992 and the construction on the said land was raised in the year 1993. The demarcation report could not be relied upon by the court below as it was not as per the High Court Rules. The courts below could have taken into consideration the fact that the possession of the plot in favour of the appellant-defendant had been since long which was in the knowledge of the respondent-plaintiff and the suit was barred by law of limitation. Thus, the courts below had erroneously granted the relief and urges this Court that there is illegality and perversity in the judgments and decrees and the same are liable to be set aside.

(3.) The appeal is accompanied by an application seeking condonation of delay of 106 days and it has been submitted that the delay in filing the appeal has occurred on the ground that the counsel in the trial court did not inform that the appeal has to be filed within 90 days, therefore the delay of 106 days occurred.