TNLOK CHAND Vs. THAKUR DASS

JUDGEMENT

(1.) This second appeal is against the judgment and decree of the District Judge, Ambala (camp Simla), dated June 22, 1964.

(2.) The facts necessary to be stated for purposes of this appeal are very simple. Thakar Dass respondent was owner of one Bigha and five Biswas of land comprised in Khasra No. 103-Min, (corresponding to the new Khasra No. 118) situate in village Dhar, Tehsil and District Simla. Out of that land 17 Biswas of land had already been sold by him. The remaining b Biswas of land was also sold by him, through a registered sale-deed, dated July 6, 1934 to Ram Chandra, father of Trilok Chand and Prem Chand. The sale-deed contained a recital that the possession of the land had been dilivered to the vendee Thereafter on April 30. 1963, the Respondent 1nstituted a suit against Shiv Singh Thapa and the sons of the vendee for permanent injunction or in the alternative for possession of 9 Biswas of the land of Khasra No. 11 b, which had earlier been sold by him.

(3.) It was averred in the plaint that the sale had not been acted upon and the plaintilf had become owner of the land through adverse possession. After the death of Ram Chandra, Trilok Chand and Prem Chand were stated to have sold the land, through a deed dated December 26, 1962, to Shiv Singh Thapa. It was prayed that the defendants be restrained from interfering with the rights of the plaintiff in the land and that they should also be required to demolish a wall which had been constructed thereon. In the alternative the relief of possession of the land was claimed.