PRITHI SINGH Vs. GIAN CHAND

JUDGEMENT

(1.) HEARD and gone through the record. Respondent- plaintiff, Gian Chand filed a suit against the appellant- defendant, seeking a decree of permanent prohibitory injunction, restraining the appellant- defendant from raising any construction on any portion of khasra No. 109, measuring 0-00-75 Hects., which he claimed to belong to him. He alleged that he had a house on the said khasra No. 109, but the defendant- appellant had started stacking building material to make encroachment upon a portion of that area.

(2.) SUIT was contested by the defendant- appellant. Various objections were raised. On merits, it was alleged that land measuring 2 Kanals 1 Marla, bearing khasra No. 80 (old) was initially a Nullaha and thereafter it was recorded as Rasta, because it was being used as a passage and during the settlement operation, which concluded in the year 1983-84, a portion of khasra No. 80 was assigned khasra No. 109 and shown in the possession of the respondent- plaintiff. He alleged that there existed no abadi of the plaintiff and that the entry was manipulated.

(3.) PLAINTIFF -respondent went in appeal to the court of District Judge. The appeal has been accepted with the finding that the land bearing khasra No. 109 forming part of khasra No. 80 (old) has been in possession of the respondent- plaintiff at-least since 1985-86, when the entry for the first time appeared in his favour in the revenue papers and that he has his house on this land. The first appellate court has placed reliance upon copies of jamabandies as also the oral evidence.