VIJAY KUMAR AND ORS. Vs. BALDEV

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 2.5.2000 passed by the learned District Judge, Hamirpur in Civil Appeal No. 120 of 1992, whereby he rejected the appeal filed by the Appellants (hereinafter referred to as the Defendants) and upheld the judgment and decree, dated 9.9.1992 passed by the learned Trial Court decreeing the suit of the Plaintiff.

(2.) BRIEFLY stated, the facts of the case are that the Plaintiff filed a suit on 18.3.1989 alleging that he is owner in possession of khasra No. 21, khata No. 23/18, khatauni No. 31, measuring 0 -8 marlas in Tikka Balh -Bhatan, Tappa Pahalu,Tehsil Barsar, District Hamirpur, HP.

(3.) THE Defendant No. 2 is the only Defendant who contested the suit. According to him, he was raising construction only on the land comprised in khasra No. 22 which admittedly is owned by him. He denied that he was raising any construction in khasra No. 21. A stay order was passed in favour of the Plaintiff and against the Defendants. During the course of proceedings before the learned Trial Court, a local commissioner was appointed who went to the spot and found that the Defendants were raising construction, but obviously this commissioner could not identify, whether the building was being raised on khasra No. 21 or khasra No. 22. There are only 2 -3 witnesses whose evidence has to be referred to in the case.