DINESH Vs. MADAN LAL

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned Addl. District Judge -I, Shimla, H.P. dated 20.09.2014, passed in Civil Appeal No. 8 -R/13 of 2011.

(2.) KEY facts, necessary for the adjudication of this regular second appeal are that the respondent plaintiff (hereinafter referred to as the plaintiff) instituted a suit for possession against the predecessor of the appellants -defendants (hereinafter referred to as the defendants, for the convenience sake) Bhajan Dass. According to the plaintiff, he is co -owner on the suit land as per jamabandi for the year 2000 -01. The suit land was in illegal possession of the defendant Bhajan Dass, who was a trespasser. The plaintiff requested the defendant on 20.9.2008 to hand over the vacant possession of the suit land but he refused to do so.

(3.) THE replication was filed by the plaintiff. The learned Civil Judge (Sr. Divn.), Court No. I, Rohru, framed the issues on 2.12.2009. The suit was decreed by the learned Civil Judge (Sr. Divn.), Court No. I, Rohru, on 16.9.2011. The appellants filed an appeal before the learned Addl. District Judge -I, Shimla against the judgment and decree dated 16.9.2011. The learned Addl. District Judge -I, Shimla, H.P., dismissed the same on 20.9.2014. Hence, this regular second appeal.