KRISHAN LAL Vs. TARLOCHAN SINGH

JUDGEMENT

(1.) Aggrieved by dismissal of his appeal vide impugned judgment and decree dated 27.3.2018 passed by learned Additional District Judge, Chandigarh, whereby decretal of suit filed by the respondent-plaintiff Jerish Masih has been upheld, the appellant-defendant has filed the present appeal.

(2.) The case set up by the plaintiff, as per his plaint, is that he had purchased the suit property in the year 1990 vide registered sale deed dated 29.10.1990 (Ex.P-4) and thereafter his name came to be reflected in the revenue record in the shape of Jamabandies (Ex.P-2 and P-3). The plaintiff asserted that on 2.2.2011, he came to know that the defendant, who is his brother-in-law had raised construction in the nature of a shed upon the suit property and despite having been requested to hand over possession of the demised premises, he did not do so, constraining the plaintiff to file the present suit. The suit was resisted by the defendant, wherein a plea of adverse possession was taken.

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