I have heard the learned counsel for the appellant-plaintiff, appraised the judgments and decrees of the Courts below and of the view that there is no force and merit in the submissions of Mr. Dheeraj Mahajan, for, in a suit for possession, particularly with regard to part of the property owned by the plaintiff, best piece of evidence to establish the unlawful possession of other side is the demarcation report. It was obligatory for the plaintiff to get the property demarcated. Having failed to do so, the alleged un-authorised possession of the defendants on the land belonging to plaintiff had not been proved. The draftsman who prepared the site plan, submitted that description of the property did not tally with the dimensions mentioned in the exchange deed as well as sale deed. In my view, the plaintiff has miserably failed to discharge the onus with regard to the alleged un-authorized possession, therefore, Courts below had rightly declined the relief. However, the finding on issue no.3, suit being bad for mis-joinder of the necessary party in the absence of non-impleadment of Gram Panchayat as party in the suit, for, such finding, in my view, prima facie would be treated as obiter.
