- (1.) The defendant-appellant is in second appeal before this Court.
(2.) Sadhu Ram plaintiff filed a suit for possession as regards a marla plot situated in the revenue estate of village Kishanpura, Tehsil and District Jind against defendant Puran on the basis of ownership. The plaintiff had impleaded his brother Surja as a proforma defendant. It was pleaded that the suit plot was owned by the plaintiff as also the proforma defendant Surja, his brother. As per revenue record, their father, namely, Neki was reflected as owner in possession, and upon his death, the plaintiff as also his brother became the owners of such suit plot. It was pleaded that the defendant has no title or interest in the suit property, and in the month of 2002, when the plaintiff was away from the village, the defendant forcibly occupied the suit property. Upon coming to know of such encroachment, the plaintiff got the suit land demarcated through Field Kanugo, Jind on 12.1.2003 and as per demarcation report submitted, the encroachment and illegal possession of the defendant had been recorded.
(3.) The trial Court vide judgment, dated 11.6.2009, decreed the suit filed by the plaintiff and a civil appeal preferred by the defendant-appellant has been dismissed by the District Judge, Jind vide impugned decision dated 6.5.2010.;