PURAN DASSI Vs. SURESH KUMAR SHARMA

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Additional District Judge, Kinnaur at Rampur Bushehar, H. P. , whereby he remanded the appeal filed by the respondent herein to the learned trial Court with the direction to appoint local commissioner, invite objections and thereafter decide the same afresh in accordance with law.

(2.) It is not in dispute that the parties are neighbourers.

(3.) The defendant contested the suit by filing written statement wherein, he raised preliminary objections regarding maintainability, cause of action, locus standi and valuation etc. On merits, it was averred that the demarcation as relied upon by the plaintiff was not in accordance with the instructions issued by the Financial Commissioner, therefore, the area reflected therein was wrong. It was further averred that in addition to land comprised in Khasra No. 676, the defendant was also in possession of Khasra Nos. 675, 677 and 679 and had no concern whatsoever with Khasra No. 734 and claimed that since he had not encroached upon any land of the plaintiff, therefore, the suit be dismissed.