BANWARI LAL Vs. GHANSHAM DASS

JUDGEMENT

(1.) This is a defendant's regular second appeal and has been directed against the judgment and decree dated 15.10.1979 passed by the Senior Sub Judge exercising enhanced appellate powers, Bhiwani, who affirmed the judgment and decree of the trial Court dated 9.12.1976 vide which the suit of the plaintiffs Balla Ram and Moti Ram was decreed.

(2.) The brief facts of the case can be summarised in the following manner: -

(3.) The plaintiffs alleged that they are the owners of a residential plot measuring 1925 sq. ft. shown by the words BGPE in the site plan attached with the plaint, Ex.P-1, as this plot was allotted to them by the Custodian. It was alleged that about 7/8 years prior to the institution of the suit, the defendant Banwari Lal took forcible possession of the part of plot as shown by the words AEFGCD in the site plan Ex.P-1. Defendant Banwari Lal had no right, title or interest in the property. He was requested to vacate the possession of the area measuring 1245 sq. ft. but to no effect. Hence the suit.