LAWS(CHH)-2019-4-170

KASHTHAGAR ADHIKARI Vs. RAM SINGH DEAD

Decided On April 26, 2019
Kashthagar Adhikari Appellant
V/S
Ram Singh Dead Respondents

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 29-1-2013 passed by 5th Additional District Judge, Bilaspur (CG) in Civil Suit No.3-A/2013 wherein the said court decreed the suit filed by the respondents/plaintiffs for declaration of title and possession of land bearing Khasra No. 55/16 and 56/17, area nine acres situated at village Mandna, Patwari Halka No.25, Revenue Circle Gorella, Tahsil Pendra Road, District Bilaspur.

(2.) Respondents/plaintiffs filed a suit before the trial Court that they are owners of the land in question and area of the land was earlier 10 acres and now it is nine acres. Appellant No.1/defendant who is officer of Forest Department stacked the timber in the land belonging to respondents/defendants in the month of March 1980 and the land was converted into timber house (Kashthagar) that is why suit was filed against the appellants/defendants which was decreed by the trial court.

(3.) Learned counsel for the appellants would submit as under: