ROSHAN LAL Vs. JAGAT SINGH

JUDGEMENT

(1.) Appellant assails the judgment and decree dtd. 30/9/2008, passed by learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P., in Civil Appeal No. 11 of 2007, whereby the appeal of the appellant has been dismissed by affirming the judgment and decree dtd. 12/10/2007, passed by learned Civil Judge( Sr. Division), Sundernagar, District Mandi, H.P., in Civil Suit No. 51 of 1997.

(2.) Parties hereafter shall be referred to by the same status as they held before learned Trial Court. Appellant herein was the plaintiff and respondents herein were the defendants before the learned Trial Court.

(3.) Plaintiff filed a suit for possession of land measuring 56 sq. meters as entered in jamabandi for the year 1990-1991 of Muhal Pungh/26/7, Tehsil Sundernagar, District Mandi, H.P and described as Khewat No. 43, Min Khatauni No.102, Khasra No. 1635( here-in-after to be referred as the 'suit land' ) by way of demolition of boundary wall illegally constructed by the defendants thereon in May, 1991. Plaintiff claimed the ownership of suit land alongwith proforma defendants No. 16 to 20. It was averred in the plaint that possession of the suit land was with plaintiff and proforma defendants No. 16 to 20 till the month of April, 1991. In May 1991, defendants taking benefit of the absence of plaintiff and his brothers from the suit land, raised a wall enclosing the suit land from its front as well as southern side. As per plaintiff, a request was made to defendants to remove the wall and not to interfere in the possession of plaintiff and proforma defendants No. 16 to 20 and also to restore the suit land in its original position but remained unsuccessful. Plaintiff could not institute the suit till 1997 as he was posted at far off stations out of his home district.