SAKEEN CHAND Vs. FATEH SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned District Judge, Kangra at Dharamshala in Civil Appeal No. 79 -K/XIII -2007, dated 8.1.2010.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the respondent - plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) filed a civil suit against the appellant/defendant (hereinafter referred to as "the defendant" for convenience sake) for possession. According to the plaintiff, the suit land is owned and possessed by him alongwith his brothers and a part of the suit land i.e. Khasra No. 175/1 to the extent of 0 -00 -04 hectares was encroached upon by the defendant during the pendency of civil suit No. 206/2000(1999). He had withdrawn the said suit with liberty to file fresh suit on the same cause of action. He took the demarcation of the suit land on 6.6.2003. On demarcation, the suit land to the extent of 0 -00 -04 hectares was found in possession of defendant. It is in these circumstances, the plaintiff filed the civil suit for a decree of possession directing the defendant to hand over the possession of the encroached portion to him.

(3.) REPLICATION was filed by the plaintiff. The learned trial Court framed the issues on 6.9.2005. The learned Civil Judge (Senior Division), Dehra dismissed the suit on 30.8.2007. The plaintiff preferred an appeal before the learned District Judge, Kangra at Dharamshala. He allowed the same on 8.1.2010. Hence, this regular second appeal against the judgment and decree passed by the learned District Judge, Kangra at Dharamshala, dated 8.1.2010.