PIR BAKHSH Vs. AKBAR DEEN AND ANR.

JUDGEMENT

(1.) THIS regular second appeal by the Defendant is directed against the order of the learned Additional District Judge -II, Kangra at Dharamshala, dated 30.3.2000 whereby he dismissed the appeal filed by the Appellant and upheld the judgment and decree of the learned Sub Judge Ist Class, (Court No. 1), Nurpur, dated 2.11.1998 decreeing the suit of Plaintiff Nikka.

(2.) BRIEFLY stated, the facts of the case are that Nikka predecessor -in -interest of Respondents (1a) & (1b) filed a suit wherein he claimed that the suit land was in his ownership and possession prior to settlement proceedings which took place in the year 1982 -83. According to him, the suit land had fallen to his share and the Defendants were strangers and had no right in the suit land. He claimed that the Defendants had forcibly taken possession of suit land and brought it under cultivation in 'Kharif' 1981. Despite request of the Plaintiff, the Defendants had refused to vacate the same. It was further alleged that about 4 months prior to filing of the suit, the Defendants cut and removed about 2 trolleys of fire wood of the trees situated in the suit land. Therefore, the suit for possession and damages to the extent of Rs. 1000/ -.

(3.) WHETHER the suit is not maintainable, as alleged ? OPD.