MANGTU Vs. JOGI RAM

JUDGEMENT

(1.) The defendant-appellant has filed the present Regular Second Appeal against the judgment and decree passed by the Learned District Judge, Rohtak, dated 15th March, 1989 resulting in decree for possession of the suit land in favour of the plaintiff and against the defendant-appellant.

(2.) Plaintiff-Jogi Ram, who is the brother of defendant No.2-appellant, filed the suit with a prayer to pass a decree for possession. It is the case of the plaintiff that in the partition, the plaintiff and defendant No.2 became owners of the suit land and defendant No. 1 in collusion with the revenue official, got entry changed in his name in the Jamabandi for the year 1979-1980 and thereafter he entered into the possession of the property one year back.

(3.) Defendant No.l contested the suit and submitted that the plaintiff and defendant No.2 have no concern with the land and the answering defendant No.l is in possession of the property for the last 25-30 years. His possession is hostile and adverse to the plaintiff and therefore, he has become owner by way of adverse possession.