Salwinder Singh and Another vs Jaswant Singh

L.N. Mittal, J.—Defendants who were successful in the trial court but lost in the lower appellate court have filed the instant second appeal.

Respondent-plaintiff Jaswant Singh filed suit for possession of 1 kanal 1 marla land alleging that the defendants have encroached upon 10 marlas land of khasra No. 80/32 and 11 marlas of khasra No. 80/33 of the plaintiff. Relief of permanent injunction was also claimed.

Defendants denied having encroached upon any land of the plaintiff.

Learned Civil Judge (Junior Division), Gurdaspur vide judgment and decree dated 13.12.2005 dismissed plaintiff''s suit. However, first appeal preferred by the plaintiff has been allowed by learned District Judge, Gurdaspur vide judgment and decree dated 24.10.2007 and thereby suit filed by the plaintiff has been decreed for possession and permanent injunction. Feeling aggrieved, the defendants have preferred the instant second appeal.

I have heard learned Counsel for the parties and perused the case file.

Vide order dated 18.1.2010, this Court directed Tehsildar, Gurdaspur to appoint a competent revenue official for demarcation of the suit land. Pursuant thereto Kanungo and Patwari made demarcation at the spot on 11.2.2010 and have submitted demarcation report of even date. According to said demarcation report, defendant-appellant No. 2 has encroached upon 1 marla land of khasra No. 80/32 and 5 marlas land of khasra No. 80/33 belonging to the plaintiff. Details of the encroached land have been given in the demarcation report. Thus, defendant No. 2 has been found to be in possession of 6 marlas land out of suit land belonging to the plaintiff.

Neither party has preferred any objection against the demarcation report dated 11.2.2010. On the other hand, learned Counsel for the parties concede the said demarcation report to be correct and state that the appeal be decided accordingly.

In view of the aforesaid, the instant second appeal is allowed partly and impugned judgment and decree dated 24.10.2007 passed by learned lower appellate court are modified and in modification thereof suit filed by the plaintiff-respondent is decreed for possession of 6 marlas land as detailed in demarcation report dated 11.2.2010 now marked as Annexure ''X''. Decree for permanent injunction is also granted regarding the said 6 marlas land. The parties shall bear their own cost throughout.