DESHA Vs. MAN SINGH

JUDGEMENT

(1.) UNSUCCESSFUL but unfazed plaintiff is in second appeal.

(2.) TERSELY , the case set up by the plaintiff is that plot comprised in Khasra No. 66/9/2 measuring 3 marlas situated in the revenue estate of village Mando Kheri, Tehsil and District Jind, was previously owned and possessed by the Gram Panchayat and was given to the plaintiff by the Gram Panchayat by a registered gift deed No. 4067 dated 10.2.1998 being landless/non-proprietor and on the basis of the registered gift deed, mutation No. 150 dated 17.8.1998 has already been sanctioned in his favour by Assistant Collector IInd Grade, Jind and actual physical possession of the plot was delivered to him by the Gram Panchayat at the spot. However, due to shortage of money, he could not raise construction and while he was away with his family from the village to meet his relations, the defendants who are father and son, illegally and forcibly started putting cow dung cakes and stored wooden pieces etc. on the plot in dispute and have illegally occupied it and despite repeated requests did not remove their illegal possession, hence the plaintiff requested the Court for grant of decree for possession of the plot in question.

(3.) THE plaintiff filed the replication denying the averments made in the written statement and those of the plaint were reiterated. On the pleadings of the parties, following issues were framed on 05.9.2001 :-