UDAI RAM Vs. RAM LAL

JUDGEMENT

(1.) BY way of present appeal, the plaintiffs has assailed the judgment and decree dated 25.9/2003 passed by the Addl. District Judge, Sirmaur District at Nahan in Civil Appeal No. 22/1 of 2002 titled as Udai Ram & another vs. Ram Lal.

(2.) FOR the purpose of convenience, appellants are hereinafter referred to as ˜the plaintiffs and the respondent is referred to as ˜the defendant.

(3.) IMPORTANTLY in the written statement, defendant has not denied the plaintiffs ownership of Khasra No. 322/85 but has denied encroachment thereupon. On merits, it is so pleaded that the construction (residential house) was carried out in the year 1990. On the basis of illegal demarcation report, the plaintiffs son Inder Singh filed Civil Suit No. 210/1 of 2000 titled as Inder Singh vs. Ram Lal, which was dismissed on 29.12.2001 and, therefore, the present suit (subsequent) is an abuse of process of law and has been filed only to harass the defendant.