KULDIP SINGH J.

1. Impugned in present Regular Second Appeal is judgment dated 4.8.2014, passed by the learned Additional District Judge, Bhiwani, affirming the judgment and decree dated 29.9.2011, passed by the learned Additional Civil Judge (Senior Division), Siwani Camp at Bhiwani, vide which suit filed by plaintiff for possession was dismissed.

2. Brief facts of the case are that Ram Kumar (since deceased), now through his LRs, had filed a suit against Balbir (defendant) now represented by his LRs and Sunil son of Balbir for possession of land measuring 8 marlas. It was claimed that defendant No. 1 being the owner of said land sold the same to plaintiff, vide sale deed dated 5.4.1999 for a sale consideration of Rs. 5,500/-. It was claimed that about 3 months before the filing of suit, defendant illegally occupied the land.

3. In the written statement, defendant took the plea that about 15-16 years back, defendant No. 1 had taken the land of plaintiff on payment of one fourth share as batai. He cultivated the said land for five years and thereafter stopped cultivating the land. Thereafter, plaintiff started saying that defendant No. 1 owe some money to plaintiff. It is fu