PREM KUMAR Vs. TEK SINGH

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution of India, original defendant has assailed the order dated 22.9.2012 passed by Civil Judge (Jr. Division), Kandaghat, District Solan, in an application filed by the plaintiff under the provisions of Section 65 of the Indian Evidence Act, 1872 in Civil Suit No. 50-K/1 of 2007, titled as Tek Singh vs. Prem Kumar.

(2.) Plaintiff filed a suit for possession with respect to the suit land. As per the case set out by the plaintiff in his plaint, the suit land was owned by Shri Ram Rattan, father of the plaintiff and defendant. During his life time Shri Ram Rattan divided the suit land and put the plaintiff and defendant in possession in their respective portions. Shri Ram Rattan also executed a Will dated 10.3.1983 reflecting such possession of the parties.

(3.) Since plaintiff was employed with the Haryana Electricity Board, as such he was residing in the State of Haryana. In the month of March, 1987, when plaintiff visited his house constructed over the suit land, he discovered that the defendant had encroached upon part of his land.