JASWINDER KAUR Vs. GURDEEP SINGH

JUDGEMENT

(1.) The present appeal directs challenge against concurrent findings recorded by the Courts whereby suit for possession on the basis of alleged encroachment by the appellants/defendants was decreed by the trial Court vide judgment and decree dtd. 11/9/2012 and appeal preferred by unsuccessful defendants/appellants was dismissed by the Additional District Judge, Kapurthala on 11/4/2014.

(2.) The sole submission made by counsel for the appellants is that the trial Court appointed a local commission to conduct demarcation at the spot and has relied upon demarcation report dtd. 24/10/2009 and documents appended thereto with the observations that the appellants did not file any objection to challenge correctness and authenticity of the report but the said observation of the Courts is factually incorrect in view of the fact that the appellants filed their objections against the report and the same are available at page 155 of the records of trial Court.

(3.) Counsel representing the respondents/plaintiffs, on the contrary, would argue that filing of objections available at page 155 of the records is a matter of record but since the appellants failed to file objections in consonance of the order dtd. 21/7/2009 vide which the local commission was ordered to be appointed, the Courts have rightly ignored any such objections filed by the appellants while relying upon the report of demarcation conducted by a local commission appointed for the purpose.