SARVAJEET SINGH Vs. VIMLA DEVI

JUDGEMENT

(1.) The defendants have filed this appeal under Section 100 of the Code of Civil Procedure challenging the judgment dated 06.11.1996, in Civil Appeal No.30 A/1995, passed by V th Additional District Judge, Rewa whereby the suit filed by the plaintiffs respondents was decreed and the direction was issued that the appellants shall deliver the peaceful possession within two months of Araji No.49, Area 40 x 13 square feet.

(2.) Plaintiffs respondents filed a suit that the land of Khasra No.49, Area 2.5 acres is of the ownership of the plaintiff no.2 and they are residing therein. Defendants appellants are residing on the land of Khasra No.40. It is stated that in 1976 encroaching upon the land of plaintiffs of Khasra No.49, Area 40 x 13 square feet the house was constructed. On restraining the plaintiffs it is said by the defendants that they are constructing the house on their own land but on detailed discussions finally it was said that, if it is proved that the said land belongs to plaintiffs then the construction shall be demolished and the possession of the said land be delivered. In 1977 Seemankan was done as per the order dated 24.08.1977, passed in Case No.17 A/12, whereby it was found that the defendants have encroached upon the land of the plaintiffs and constructed their house. However, the cause of action arose to them to file the suit. In view of the aforesaid averment, it as requested to deliver the possession on the suit land, by the defendants.

(3.) The defendant no.2 was ex parte and defendant no.1 has filed his written statement and denied all the plaint allegations. It is said that the suit land belonging to defendants, of Khasra No.40 is the ancestral property and the house has been constructed on the said land, however, the plea so taken by the plaintiffs of encroachment on the land of Khasra No.49 and of construction of the house is without any basis. In an alternative it is prayed that the land of Khasra No.40 is the ancestral land whereupon the house has been constructed and defendants are in possession since more than 12 years, in the knowledge of plaintiffs, thus, by virtue of adverse possession they have became the absolute owner of the land, in case, any encroachment of defendants has been established by the plaintiffs.