BALI RAM Vs. SUNEHRU

JUDGEMENT

(1.) This appeal has been filed against the order, dated 22nd May, 1979 passed by the District Judge, Simla Division, Camp at Bilaspur, by which he has set aside the judgment and decree passed by the Sub Judge, Ghumarwin, on 5th August, 1976, and has remanded the case to the court of Sub Judge, Ghumarwin, with the direction that Smt. Ghogan be impleaded as a party in the case, as she was a necessary party for the adjudication of the controversy between the parties to the suit.

(2.) The brief facts are that Belt Ram (Plaintiff) appellant filed a suit for possession with respect to 4 biswas of land which is shown as kbasra number 898/1 in the Tatima attached with the plaint and which is a part of khasra number 898 measuring 15 bighas 6 biswas of Amerpur, Pargana Teoni, Tehsil Ghumarwin, District Bilaspur. The possession was claimed by demolition of the house illegally built by the (defendants) respondents.

(3.) The allegations in the plaint are that khasra No. 898, measuring 15 bighas 6 biswas is the sole ownership of the plaintiff and that during the absence of the plaintiff the defendants took illegal possession of a portion of the above said khasra number in the year 1974 and thereafter the defendants started construction of a house in this land. On this illegal act of the defendants the plaintiff applied for demarcation of khasra number 398 along with other khasra numbers and during the demarcation it was found that the defendants have taken illegal possession of 4 biswas of land which is the land in dispute and is shown as khasra number 898/1 in the Tatima attached with the plaint.