Decided on May 15,1997

RAM ASRA Appellant
BHAGU Respondents


SURINDER SARUP,J. - (1.)This second appeal is directed against the judgment and decree of the Courts of Ms Kiran Agganwal, District Judge, Una dated 02.05,1991, whereby allowing the appeal of the defendant - respondent, she has set aside the judgment and decree of the trial Court i.e. the Court of Shri Shamsher Singh, Senior Sub Judge, Una dated 27.10.1988. As a result of the said judgment of the trial Court, the suit of the plaintiff for possession as per site plan Ex.P -1 and P -l/1 was decreed.
(2.)The facts, giving rise to the present appeal are that the plaintiff -appellant Asra Ram filed a suit for possession of land described in the plaint. According to him, he was the owner of the same but in the first week of February, 1984, the defendants, who are very head -strong and influential persons started encroaching upon the land denoted by letters ABCDEFGH of above two khasra numbers, and included the same in their khasra numbers 1131 and 1136 and on demarcation taken by him on 16.2.1984 the defendant were found in illegal possession of the same, hence the suit.
(3.)In the written statement, the defendants contested the suit and denied the allegations made in the plaint. It has been stated that the plaintiff, under the garb of the present suit is trying to encroach upon the area comprised in khasra Nos. 1131, 1132 and 1136 owned and possession by them and other persons and the owners who are the co -owners of these two Khasra numbers, are also the necessary parties. It was also pleaded that the site plan, produced by the plaintiff is wrong. On the pleadings of the parties, the following issues have been framed: "1. Whether the site marked ABCD in the site plan comprises of Khasra No. 1129 and site marked with letters CDEFGH is part of Khasra No. 1116 in suit and the defendants have encroached upon the same? OPP

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