JUDGMENT :

1. The civil suit filed by the respondent for vacant possession of suit land on the strength of his title and on the basis of a demarcation report showing encroachment on the suit land by the appellant/defendant has been decreed by both the learned Courts below. This is defendant’s second appeal.

2. Facts

2(i) Plaintiff’s case was that he was owner of land comprised in Khata No. 167, Khatauni No. 230 and Khasra No. 899/160, measuring 2 kanals 1 marla, situated in Up Mohal Anu, Mauza Matti Tihra, Tehsil and District Hamirpur, H.P. He applied for demarcation of the suit land. Demarcation was conducted and its report was affirmed by Assistant Collector First grade Hamirpur on 11.04.2012 in Case No. 65 of 2012 titled Gopala Vs. Om Parkash and others. In this demarcation report, the defendant was found to have encroached over 19.38 Sq. meters of plaintiff’s land comprised in Khasra No. 899/160. The encroached area was reflected as Khasra No. 899/160/1. Plaintiff pleaded that despite requests, the defendant did not hand over the vacant possession of 19.38 Sq. meters of land to him, hence he filed the civil suit for possession of the aforesaid land measuring 19.38 Sq. meters.

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