ARUN KUMAR GOEL, J (ORAL)

1. This appeal has been preferred by the Legal Representatives of Des Raj Sharma, who was arrayed originally before the trial court, hereinafter referred to as the defendant, is directed against the judgment and decree of the first Appellate Court passed in File No. 15/Appealon25.07.1996. By means of this decree, appeal of the defendant was dismissed and judgment and decree of the trial court passed in favour of the respondent, hereinafter referred to as the plaintiff on 14.05.1992 in File No. 73/Civil has been upheld.

2. Plaintiff preferred a suit for mandatory injunction against the defendant on the averments that he purchased land measuring 1 kanal and 2 marlas, comprising in Khasra No. 331, situated at village Channi Himmat, Tehsil and District Jammu, vide Sale Deed EX.PA. This land was purchased by him from Vaishno Charan Singh-PW by means of the said Sale Deed. This Sale Deed is registered in the office of Sub Registrar, Jammu on 30.03.1984 on which date it was executed. Further case of the plaintiff was that he obtained possession from the Vendor and he surrounded the same by putting up fence. He claims that defendant has encroached 2 Marlas