HAR NARAYAN Vs. RAMLAL & OTHERS

JUDGEMENT

(1.) The instant appeal is directed against the concurrent judgment of the First Appellate Court in Civil Appeal No.63- A/2002 decided on 27.03.2004 confirming the judgment and decree dated 05.09.2000 rendered in Civil Suit No.190- A/1992 and 16-A of 1999.

(2.) Facts relevant for the disposal of the appeal are that Civil Suit No.190-A/92 was filed for declaration, possession, permanent injunction and mesne profit @ 500/- rupees per year wherein it was contended that land admeasuring 2.236 hectare falling in Survey No.103 and 0.543 hectare falling in Survey No.104 are of the ownership of the plaintiffs therein. They are in joint possession and doing cultivation thereon. The agricultural land is ancestral property. Defendants therein have adjacent land admeasuring 5.059 hectare in survey no.102. Defendants have encroached on an area of 0.136 hectare on survey No.103 towards west and the entire area of Survey No.104 five years ago by removing the boundaries. The fact of encroachment has been pleaded in the plaint and also found in the demarcation proceedings conducted by the village Patwari. Plaintiffs never gave possession on the said land to defendants hence a decree for declaration, possession, permanent injunction and mesne profit was claimed over the area encroached by the defendants.

(3.) The defendants therein controverted and denied allegation and submitted that they have not encroached on the area but they are in peaceful possession over the said land for about twenty years which is well within the knowledge of the plaintiffs, hence, they have perfected their title by an adverse possession over the suit land, hence, prayed for dismissal of the Suit.