BRAHAM DASS AND ORS. Vs. BHOOMI CHAND

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned District Judge Hamirpur, H.P. dated 26.5.2003, passed in Civil Appeal No. 103 of 1998.

(2.) KEY facts, necessary for the adjudication of this regular second appeal are that the appellants -plaintiffs (hereinafter referred to as the plaintiffs) have instituted suit against the respondent -defendant (hereinafter referred to as the defendant) for possession by way of demolition of construction on land marked A, B, C and D, measuring 2 marlas comprised in Khata No. 73, Khatauni No. 131, Kh. No. 136 measuring 1 kanal 11 marlas as per jamabandi for the year 1973 -74, situated in Up -Mahal Gandhi Nagar (Gaura Khurd), Tappa Bajuri, Tehsil and Distt. Hamirpur, corresponding Khata No. 60, Khatauni No. 302 to 305, plots 8 area 613 meters 33 centimeters, as per missal haquiat bandobast for the year 1984 -85. According to the plaintiffs, the defendant has encroached 2 marlas of the land marked as mark A, B, C and D by re -constructing the boundary wall and latrine in the absence of plaintiffs and without their consent in November, 1977. The defendant has also manipulated the revenue entries. The plaintiffs requested the defendant to vacate the possession of the suit land encroached upon by him by demolishing a boundary wall and latrine reconstructed by him over the suit land, but to no avail.

(3.) THE replication was filed by the plaintiffs to the written statement filed by the defendant. The learned Sub Judge (II), Hamirpur, H.P., framed the issues and dismissed the suit on 25.4.1998. The plaintiffs filed an appeal against the judgment and decree dated 25.4.1998. The learned District Judge, Hamirpur, dismissed the same on 26.5.2003. Hence, this regular second appeal.