SANT RAM Vs. HARBANS SINGH

JUDGEMENT

(1.) This is a second appeal against the order and has been directed against the judgment dated 5.8.1988, passed by the Court of Additional District Judge, Patiala, who allowed the appeal of the defendant and set aside the judgment and decree dated 2.4.1987, passed by the Court of Sub Judge, 2nd Class, Rajpura, who decreed the suit of the plaintiff-respondent.

(2.) The brief facts for the purpose of the present order can be described in the following manner, Shri Harbans Singh filed a suit for possession of agricultural land measuring 7 Biswa was fully described in the head-note of the plaint against Shri Sant Ram, by alleging that defendant had encroached upon that area. Of course, the suit was contested by Shri Sant Ram. The trial Court framed the following issues:-

(3.) It may be mentioned here that during the pendency of the suit the plaintiff filed an application for leading additional evidence under Order 18 Rule 17-A C.P.C. in the trial Court, which was dismissed.