UMAR DIN Vs. JAMNA DASS

JUDGEMENT

(1.) The Appellant/Defendant (hereafter referred to as 'the Defendant) has preferred the present second appeal against the judgment and decree dated 30.4.2001 passed by the learned District Judge, Una in Civil Appeal No. 93 of 98 whereby the judgment and decree dated 25.5.1998 passed by the learned Sub Judge 1st Class, Amb has been affirmed and the first appeal of the Defendant has been dismissed.

(2.) Brief facts leading to the presentation of this appeal are that the Respondents/Plaintiffs (hereafter referred to as 'the Plaintiffs) instituted a suit against the Defendant for possession of land measuring 0-00-63 hectares comprising Khasra No. 679, Khewat/Khatauni No. 14 min/21, situate in Up-Mohal Aloh, Mauza Lohara, Tehsil Amb, District Una, after removal of superstructure raised over the said land.

(3.) Case of the Plaintiffs, as made out in the plaint, is that land comprising old Khasra Nos. 12334/12156 to 12158/5060 measuring 0-6 marlas was possessed by the Plaintiffs who had their residential Abadi on a part of the said land and the vacant land was used by them as Bartan Abadi. However, at the time of settlement new Khasra Nos. 678 and 679 were allotted to the said land. The Defendant, who is a clever person having no regard to law about 8/9 years before the institution of the suit, trespassed over the suit land by extending his Abadi thereon and got the entries of Kabiz made in his favour though he has no right, title or interest to do so. The Plaintiffs requested the Defendant to admit their claim and to hand over the vacant possession of the suit land to them but in vain, hence, the suit.