witness by the party making the encroachment.
PROOF OF EXTENT OF ENCROACHMENT
25. The extent of encroachment, i.e., area, is not
a matter ... encroachment was
sought to be proved by plaintiffs evidence, and it is
so proved.
The extent of encroachment was sought to be
proved
proved
that the property stood vested in the DDA. The First Appellate Court
however has held that the appellant / plaintiff had not proved encroachment ... said private gali, for the reason of having not proved
encroachment thereof by the respondent / defendant, is erroneous for the
following reasons:-
(i) that
proved by HC Sushil Kumar
also do not prove the alleged encroachment upon any part
of the land belonging to the Wakf Board. From ... also not been proved on file by the
prosecution. The prosecution has miserably failed to prove
that the alleged encroachment has been made
plaintiff did not discharge the onus by
proving on record any demarcation report to prove the alleged
encroachment. Site plan Ex.P2 prepared ... Draftsman was not
sufficient piece of evidence to prove encroachment, therefore, there is
gross illegality and perversity, much less, misdirection of the
evidence
undefined
application. It is submitted that the burden of proving the
appellant's encroachment on the disputed land also lies with the
respondent. However ... encroachment, an encroacher cannot
challenge the title of the owner. An independent suit has to be
filed. Onus is on the encroacher to prove that
proves that he
is the absolute owner of the plaint
schedule property?
2. Whether the plaintiff further proves
that the defendant has illegally
encroached ... court fee before drawing the decree, but, the
defendant failed to prove the encroachment over the counter
claim properties by the plaintiff. No attempt
Verma, SHO PS
Hauz Khas as well as the photographs to prove encroachment of Sh Suraj
Bhan. However, the plaintiff did not prove the status ... examined any other witness to prove
the same. Hence the plaintiff has failed to prove the encroachment by Sh.
Suraj Bhan.
34. Though
failed to prove
her ownership over the disputed site.
Consequently, the plaintiff must be deemed to have
failed in proving encroachment by defendant from ... sale deed was obtained.
Inasmuch as the plaintiff had proved title and the
defendant had encroached, the suit for possession
was required to be decreed
Jayant Verma . vs Union Of India on 16 February, 2018
Equivalent citations: AIR 2018 SUPREME
record, In fact, it was not at all necessary to prove the encroachment when the plaintiff has brought the suit for possession on strength ... encroachment, it is always desirable to get the fields measured by an expert and find out the area encroached upon. Oral evidence cannot conclusively prove
