LAWS(HPH)-2014-12-76

JARMEJ SINGH Vs. HAZAURO

Decided On December 19, 2014
Jarmej Singh Appellant
V/S
Hazauro Respondents

JUDGEMENT

(1.) PRESENT Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure by the appellants against the judgment and decree dated 5.8.2002 passed by learned Additional District Judge -I Kangra at Dharamshala in Civil Appeal No. 23 -N/2000 titled Jarmej Singh v. Hazauro whereby learned Additional District Judge -I Kangra at Dharamshala had affirmed the judgment and decree passed by learned trial Court i.e. Civil Judge Court No. II Nurpur District Kangra in Civil Suit No. 61 of 1995 titled Jarmet Singh and others v. Hazauro.

(2.) BRIEF facts of the case as pleaded are that Jarmej Singh and other plaintiffs filed a suit for possession of land comprised in Khata No. 85, Khatauni No. 274 min Khasra No. 18, 25 plots 2 measuring 0 -34 -99 HM situated in Tikka mauja Thapkaur Tehsil Nurpur District Kangra. It is pleaded that plaintiffs are co -sharers along with other co -sharers and defendant is stranger to the suit land. It is further pleaded that defendant is also trespasser of suit land and defendant has no right title or interest over the suit land. It is also pleaded that neither the defendant is tenant over the suit land nor defendant was inducted as tenant over the suit land by the plaintiffs. It is pleaded that plaintiffs have asked the defendant to admit the claim of the plaintiffs but defendant refused to do so. Decree for possession in favour of plaintiffs and against defendant sought.

(3.) AS per the pleadings of parties learned trial Court framed following issues on dated 9.9.1996: - -