TEJ SINGH ADOPTED Vs. KAPOOR CHAND

JUDGEMENT

(1.) Appellant-defendant has preferred this second appeal under Sec. 100 of the Code of Civil Procedure, assailing the judgment and decree dtd. 21/1/2017 passed by Additional District and Sessions Judge No.2, Bayana Camp Roopwas in appeal No. (20/2016) (7/2007) 1/2017, affirming the judgment and decree dtd. 19/1/2007 passed by Civil Judge (Junior Division) and Judicial Magistrate, Roopwas in civil suit No.78/1999 whereby civil suit for possession and permanent injunction filed by respondent- plaintiff has been decreed in his favour and against appellant- defendant on merits.

(2.) Heard counsel for both parties and perused the impugned judgments and record as a whole.

(3.) The relevant facts as culled out from the record are that the dispute between parties is in relation to a plot measuring 56X65 feet situated in Village Panduri, Tehsil Roopwas, District Bharatpur. Plaintiff instituted civil suit for possession on 23/10/1999 stating that the aforesaid plot was belonging to his predecessors namely Chhidi Lal and he was having his actual continuous and physical possession over this plot. It was stated that his predecessor Chhidi Lal obtained permission from the concerned Gram Panchayat on 17/10/1965 and thereafter, constructed a pakka room and thatched covered portion. His personal will is also situated in the plot. It is stated that plaintiff, due to his business purpose went out of village and behind his back, defendant has entered into and take over the possession of his property. When plaintiff returned back to his village on 20/9/1998, he asked defendant to return the possession of his property but he denied, therefore, the present suit has been instituted.