JUDGEMENT
PARAMJEET SINGH,J -
(1.) The present application is for impleading the legal representatives of deceased Gurmel Singh -defendant no.1, who is stated to
have expired on 09.05.2011. Legal representatives of deceased Gurmel
Singh are mentioned in para no.2 of the application.
Application is allowed subject to all just exceptions and for
the limited purpose to prosecute this appeal.
(2.) INSTANT regular second appeal has been preferred by the appellants/defendants against the judgment and decree dated 06.02.2014
passed by learned Additional District Judge, Yamuna Nagar at Jagadhri
whereby judgment and decree dated 13.11.2010 passed by learned
Additional Civil Judge (Senior Division), Yamuna Nagar at Jagadhri has
been set aside and suit for possession of respondent no.1/plaintiff has been
decreed.
For convenience sake, reference to parties is being made as per their status in the suit.
(3.) THE detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the
facts relevant for disposal of this second appeal are to the effect that
plaintiffs filed a suit for possession on the ground that they are owners of
the land bearing khasra no. 256 measuring 5 marlas, fully detailed in the
plaint, situated at Village Bilaspur, Hadbast No. 279, Tehsil Jagadhri,
District Yamuna Nagar along with one Jungle Jalebi tree standing therein,
however, in the last week of November 2004, defendant nos. 1 to 6
illegally occupied the same by putting manure pit, gohara and wood etc.
The plaintiffs got their land demarcated on 02.06.2005 through revenue
authorities and defendant nos. 1 to 5 were found in illegal possession of it.;
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