ROSHAN SINGH Vs. MOTI SINGH

JUDGEMENT

(1.) This second appeal was admitted on 14.7.2000, on the following substantial questions of law:

(2.) The Plaintiff-Appellant filed the instant appeal under Section 100 of the Code of Civil Procedure, challenging the judgment and decree passed by the learned District Judge, Shimla in Civil Appeal No. 219-S/13 of 1998, decided on 1.4.2000, whereby the appeal was dismissed and the judgment and decree passed by the learned trial court in Civil Suit No. 134/1 of 1994 decided on 26.10.1998 was affirmed.

(3.) The brief facts are that Plaintiff-Appellant is owner of Khasra No. 758 (old 416/372), total measuring 6 bigha 7 biswas, as per the jamabandi, for the years 1983-84 (Ex.PB), situated in Mauja Badiar. The said land has an orchard. It is alleged by the Plaintiff/Appellant that in the beginning of the year 1991 Moti Singh contesting Defendant/Respondent illegally encroached upon a part thereof to the extent of 15 biswas. When it came to the notice of the Plaintiff, he raised objection, on this the said Defendant assured that in case the land is found in his ownership, he would hand over its possession to him, but the Defendant did not do so and lingered on the matter on one pretext or the other. Thus, he filed a suit for possession on the basis of his title.