SURYA KANT,J - (1.) THIS Regular Second Appeal is directed at the behest of the defendants against whom suit for possession of a small piece of land measuring about five marlas, has been decreed by both the Courts vide their impugned judgments and decrees.
(2.) THE plaintiff-respondent, who belongs to down-trodden section of the Society, was allotted the land in dispute in village Datal, Tehsil Narnaul, District Mohindergarh at the time of consolidation proceedings for residential purposes. In order to earn his livelihood, the respondent went and started residing in Delhi. Alleging that about six months before filling of the suit, the appellants who belong to upper caste, encroached upon the said piece of land and have raised construction thereupon, the respondent-plaintiff filed the present suit. The appellants denied that the respondent-plaintiff is the owner of the suit property. According to them, the same was occupied by their fore-fathers in the year 1950. Alternatively, the appellants pleaded that they have become owners of the suit property by way of adverse possession.
(3.) ON the basis of the pleadings of the parties, learned trial Court framed the following issues on 5.5.1993 :- "1. Whether the suit land detailed in para No. 1 of the plaint was allotted to the plaintiff, if so to what effect ? OPP 2. Whether the suit of the plaintiff is within limitation ? OPD. 3. Whether the plaintiff is estopped by his own act and conduct from filing the present suit ? OPD 4. Relief". ;