BISHAMBER SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) The defendants are the appellants and have come up in appeal against concurrent findings recorded against them by the learned Courts below.

(2.) The facts as necessary for the adjudication of the case are that the respondent/plaintiff (hereinafter referred to as the 'plaintiff') filed a suit for vacant possession of the land to the effect that he is owner of the land comprised in Khata No. 27 min, Khatauni No. 53, Khasra No. 1006, measuring 0-07-932 HM, situated in Mohal Bhapoo, Tehsil Indora, District Kangra, H.P. to the extent of share and as such, the plaintiff asserts himself to be co-sharer to the extent of share in the suit land. As per the plaintiff, the defendants are strangers having no right, title or interest in the suit land, but the defendants out of high handedness encroached upon the suit land by raising construction. It was averred that in Oct., 2007 when the defendants started covering the area by fencing, he applied for demarcation of his land i.e. Khasra No.1006 and upon demarcation conducted by Kanungo on 25.10.2007, it was found that the defendants had encroached upon the land of the plaintiff to the extent of 0-01-16 HM i.e. the suit land. Thus, on the basis of demarcation conducted by the Kanungo and confirmed by A.C. IInd Grade on 13.11.2007, the plaintiff as co-owner seeks possession of the suit land from the defendants.

(3.) The suit was opposed by the defendants by filing written statement. It was averred that they have constructed their house in Khasra No. 1016. It was alleged that the said demarcation was wrong and the correction application has been filed by the defendants. However, the defendants did not claim any title or adverse interest to the ownership of the plaintiff, but denied the correctness of the demarcation report and prayed for dismissal of the suit.