RAM CHAND Vs. KULBIR SINGH

JUDGEMENT

(1.) THE plaintiff is the appellant, who is aggrieved by the judgment and decree dated 30.3.2002 passed by learned Additional District Judge -II, Kangra at Dharamshala in Civil Appeal No. 59 -N/2000 whereby he reversed the judgment and decree dated 1.4.2000 passed by learned Sub Judge 1st Class (I), Nurpur, District Kangra, H.P. in Civil Suit No. 120/1996.

(2.) THE facts, in brief, are that the plaintiff filed a suit for possession by way of demolition of structure on the land comprised of Khata No. 76 min, Khatauni No. 191, Khasra No. 586 measuring 0 -00 -36 HM, situated in Tika and Mauza Deothi, Tehsil Indora, District Kangra, H.P. (hereinafter referred to as the suit land). The plaintiff averred that he is owner and was in possession of the suit land prior to November, 1984. However, the defendant/respondent got the forcible possession in the month of November, 1984 and then raised 'Baranda'. The possession of the defendant over the suit land is illegal.

(3.) ON 29.5.1997, the learned trial Court framed the following issues: