SHANKAR Vs. SURENDRA SINGH RAWAT

JUDGEMENT

(1.) This is a second appeal filed by the defendants/appellants against the judgment and order dated 26-4-2006 passed by the Additional District Judge/4th F. T, C., Haridwar in Civil Appeal No. 75 of 2001 and the judgment and decree dated 27-7- 2001 passed by the Civil Judge (Sr. Div.), Haridwar in 0. S. No. 222 of 1991 titled Surendra Singh v. Rampat and others,

(2.) The brief facts for the disposal of this appeal are that the land in dispute was purchased by the defendants/appellants by a registered sale deed from Jagir Singh. It is also alleged that the defendants/appellants had constructed over the property in dispute some construction in the year 1996 and also took the possession of the land in suit. The suit for perpetual injunction, mandatory injunction for the demolition of the construction raised by the defendants/appellants, and the mense profit and damages was filed before the Civil Judge (J. D.). The said suit was contested on the ground that the defendants/appellants had purchased this land in the year 1977 by receipt and he is in possession over the land in dispute. The defendants/appellants further pleaded that he had perfected his right by way of adverse possession. It was further alleged that the Civil Court had no jurisdiction to entertain the suit. The suit is barred under the provision of Section 331 of the U. P. Z. A. & L. R. Act.

(3.) The trial Court framed the necessary issues. The Courts below held that the plaintiffs/respondents were the owner of the disputed land and further held that the defendants /appellants had raised the construction illegally without any title over the disputed land. First appeal was preferred against the said Judgment and decree. The first appellate Court also dismissed the appeal confirming the findings of the trial Court.