DEVI RAM Vs. KRISHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 25.09.07, rendered by the Court of Civil Judge (Senior Division), Rohtak, vide which, it closed the evidence of the plaintiff, and dismissed the suit, and the judgment and decree dated 17.01.09, rendered by the Court of Additional District Judge, Rohtak, vide which, it dismissed the appeal.

(2.) THE plaintiff claimed that he was an absolute owner of the land, in dispute, measuring 6 kanals 10 marks, as fully detailed in the plaint. The defendant illegally and unauthorizedly encroached upon some portion of the land. An application for demarcation was moved. The property was demarcated, in the presence of the parties. It was found that the defendant, was in illegal possession of 11 marlas (3 x 33 ft.) of the suit land, on the northern -western side. The defendant, was many a time asked, to vacate encroachment, but to no avail. Ultimately, a suit for possession, was filed.

(3.) ON the pleadings of the parties, the following issues were struck: