DALBIR SINGH Vs. RAM SINGH

JUDGEMENT

(1.) Appellant-Defendant Dalbir Singh has filed this appeal challenging judgment dated 18.7.2014 passed by Additional District Judge, Kaithal whereby decretal of suit filed by respondent-plaintiff for possession of suit property has been affirmed.

(2.) The case set up by the respondent-plaintiff is that appellant-defendant had encroached upon 15 square yards out of Khasra No.608 and 10 square yards out of Khasra No.609 owned by the respondent-plaintiff situated in Village Teontha, Tehsil and District Kaithal. The respondent-plaintiff averred that the adjacent land comprised in Khasra No.607 and 610 is owned by the appellantdefendant and that earlier the respondent-plaintiff had filed a suit for injunction and wherein upon demarcation conducted by the order of the Court, he came to know that appellant-defendant had encroached upon his land and thereafter he withdrew the said injunction suit and filed a suit for possession. The appellant defendant contested the suit and filed written statement denying all the material averments made in the plaint.

(3.) The parties was put to proof on the following issues :-