MEENA DEVI Vs. RANJIT SINGH

JUDGEMENT

(1.) By way of this appeal, the appellants have prayed for the following relief:-

(2.) Brief facts necessary for the adjudication of the present appeal are as under:-

(3.) The case of the plaintiff was that he was owner in possession of the suit land. Defendants were strangers to the suit land and had trespassed upon the same in the absence of plaintiff and his family members and also constructed a part of their building over the suit land. When the defendants were requested to vacate the encroachment, they stated that plaintiff should get the land demarcated and if any encroachment was found upon the land of the plaintiff, then the same shall be vacated by the defendants or the plaintiff shall be compensated by way of exchange of land. The suit land was got demarcated on 21.03.2008, which revealed that defendants had encroached upon the suit land. Following this, defendant No.4 Manohar Lal, who was a patwari, compelled the plaintiff to compromise the dispute which was reduced in writing on 30.03.2008, as per which the parties were to exchange 1 Kanal of land from the suit land with khasra No.1238/290. After the compromise, plaintiff had gone to Sirmour. Defendants in the meanwhile fenced 1 Kanal out of the suit land, but refused to exchange the land as per the compromise. They also refused to vacate the encroachment over the suit land. In these circumstances, plaintiff filed the suit.