- (1.) THIS second appeal is directed against judgment and decree dated 25.04.2011 passed by Additional District Judge, Nohar, District Hanumangarh, whereby, the appeal filed by the respondent has been allowed and the judgment and decree dated 02.03.2009 passed by Civil Judge (Senior Division), Nohar, District Hanumangarh has been set aside.
(2.) THE appellant -plaintiff filed a suit on 07.12.2004 to the effect that in village Nimla he owns a plot, regarding which, a Patta has been issued; for last 30 years he was in possession of the said plot without any disturbance and a house has been constructed thereon; Gram Panchayat, Nimla had issued a Patta dated 12.09.1971 after amount was deposited by him under receipt No.185 on 12.09.1971; the defendant has illegally trespassed on the said land and for a last few days he was illegally excavating gypsum and was selling the same. It was prayed that the defendant be evicted from the suit property and possession be ordered to be handed over to him. A written statement was filed by the respondent -defendant denying and disputing the averments made in the plaint; it was claimed that the land in question was his khatedari land and a report in this regard was issued by the Patwari and the plaintiff has no locus standi to file the suit. Ultimately, it was prayed that the suit be dismissed.
(3.) THE trial court framed five issues. On behalf of the plaintiff three witnesses were examined and the Patta was exhibited as Exhibit -1 and on behalf of the defendant, he himself was examined and three documents were exhibited.;