KULDEEP CHAND Vs. SATYA DEVI AND ANOTHER

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement and decree of the learned District Judge, Una, H.P., whereby he affirmed the rendition of the learned Sub Judge 1st Class, Court No.II, Amb, District Una. The defendant standing aggrieved by the concurrently recorded renditions of both the learned Courts below against him concerts through the instant appeal constituted before this Court, to reverse the judgements and decrees of both the Courts below.

(2.) The facts necessary for rendering a decision on the instant appeal are that plaintiff was the owner in possession of land measuring 10 Kanals 7 marlas comprising of Khasra No. 1980 as per copy of the jamabandi for the year 1980-81 situate in village Amb, Tehsil Amb. Out of the above said land, the plaintiff is said to have sold the land measuring 10 karams x 18 karams shown by khasra No. 1980/1 in favour of the defendants. The defendants were alleged to have constructed their house on the aforesaid land. However, at the time of raising construction of their house, the defendants are said to have encroached upon 98 sq.mtrs. the land of the plaintiff. The defendants are said to have raised wall between points ABCD and have also installed a gate at points A and B on the eastern side of their house. The defendants are further shown to have encroached upon some other land of the plaintiff on the western side of their house as shown by letters FGHI. The possession of the defendants over the disputed land was stated to be that of trespassers and the plaintiff claimed the possession of the disputed land against the defendants on the allegation that the defendants have refused to vacate this land despite being asked to do so.

(3.) The suit of the plaintiff was resisted by defendants who have filed written statement in the case. The defendants have denied that they have encroached upon any land of the plaintiff. It was averred that the land purchased by the defendants from the plaintiff was demarcated and shown to the defendants in presence of the plaintiff and the defendants have raised the construction of their house on this very land and they have not encroached upon any further land of the plaintiff.