PAWAN KUMAR Vs. MAHENDER SINGH (SINCE DECEASED)

JUDGEMENT

(1.) The plaintiffs instituted Civil Suit No. 477/99 (99) before the learned Civil Judge (Junior Division), Court No. II, Mandi, H.P.. In the afore instituted civil suit, the plaintiffs claimed rendition of a decree for possession against the defendants, and, vis-a-vis, the suit land comprised in Khewat Khatauni No. 31/53, Khasra No. 1397, measuring 17.88 sq. meters. The afore civil suit became decreed by the learned Civil Judge (Junior Diovision) concerned. The aggrieved defendants constituted thereagainst Civil Appeal bearing No. 46/2005, 151/05, before the learned First Appellate Court. Upon the afore Civil Appeal, the learned First Appellate Court made a verdict affirming the verdict rendered by the learned Civil Judge (Junior Division) concerned.

(2.) The defendant becoming aggrieved therefrom, hence, are led to institute the extant Regular Second Appeal before this Court.

(3.) When the appeal came up for admission, this Court, on 10th May, 2010, hence, admitted the appeal instituted by the defendant/appellant, against the judgment and decree, rendered by the learned first Appellate Court, on the hereinafter extracted substantial question of law:-