PURAN CHAND Vs. BISHAN DASS

JUDGEMENT

(1.) THIS is a civil 2nd appeal filed against the judgment and decree dated 31.8.89 passed by the learned District Judge, Kathua whereby he reversed the judgment and decree dated Jan. 25, 1988 passed by the learned Munsiff, Hiranagar.

(2.) THE facts of the case briefly stated are that the appellants herein had filed suit for possession in respect of 15 marlas of land comprising of Kh.No.1631/1161 situate in village Bhayia Teh. Hiranagar. The case of the appellants was that in the month of February 1986, the respondent over the said land started forcible digging of the foundations of a room of the dimension of 12 x 12 ft. and constructed a Chun (cattle shed) of the same dimensions alongwith fodder place for the cattle of the dimensions of 2 x 9 ft. It is also alleged that the land was situated in Abaddi Deh.

(3.) THE trial court had framed the following issues: -