BIR SINGH Vs. MAST RAM AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 23.01.2009 whereby the learned Civil Judge (Jr. Division) Nurpur, had dismissed the objections filed by the petitioners (hereinafter referred to as the Judgment debtors).

(2.) THE undisputed facts are that the respondents -decree holders filed a suit for possession of land comprised in Khewat No. 46 min, Khatauni No. 158, Khasra Nos. 1134, 1136, 1137, 1177, 1179, 1180, 1181, 1182, 1184, 1185 i.e. 10 plots measuring 0 -50 -55 H.M situate in village Mohal Bhamoli, Mauza Chhattar, Tehsil Nurpur. The learned trial Court vide Judgment and decree dated 28.09.2000 partly decreed the suit in favour of the decree holders. The decree holders were held entitled to possession of entire land except Khasra No. 1180 and land underneath the houses of Judgment debtors. Appeal filed by the Judgment debtors was dismissed on 19.03.2005 but while dismissing the appeal the learned Additional District Judge passed a decree in favour of the plaintiff in respect of the whole of the suit land. Appeal was filed by the Judgment debtors and the appeal was partly allowed on the statement made by the counsel for the plaintiffs and that portion of the Judgment and decree of the First Appellate Court directing demolition of the house of the appellants was set aside . In effect the Judgment and decree passed by the learned trial Court was upheld.