BIRBAL Vs. BARFU DEVI

JUDGEMENT

(1.) THIS regular second appeal has been filed against the judgment and decree passed by the learned District Judge, Solan in Civil Appeal No. 82 -S/13 of 1992 decided on 22nd March, 1995.

(2.) THE brief facts necessary for the adjudication of this petition are that the appellant -plaintiff (hereinafter referred to as the plaintiff for convenience sake) filed a suit for declaration and possession mentioning therein that he was owner in possession of the disputed land comprised in Khasra No. 28, 303/293 measuring 10 Bighas situated in Mauja Radon Pandh, Pargana Bharoli Kalan, Tehsil Kasauli as per the jamabandi for the year 1980 -81. The respondent (hereinafter referred to as the defendant for convenience sake) induced him to execute a writing of exchange of the suit land with some land owned by the defendant in village Patorwa and Dalwi in Tehsil Ghumarwin, District Bilaspur. The trial Court on the basis of the pleadings of the parties framed the following issues : -

(3.) THE trial Court decreed the suit of the plaintiff on 16.10.1992. The defendant preferred an appeal against the judgment and decree dated 16.10.1992. The learned District Judge had framed the following points for determination :