RAVI KUMAR AND OTHERS Vs. BISHAMBAR DAYAL

JUDGEMENT

(1.) Application filed for condoning delay of 27 days in filing the appeal is allowed, in view of averments made in the application, which are duly supported by affidavit.

(2.) The delay of 27 days in filing the appeal is condoned.

(3.) The defendant appeared and filed written statement wherein, certain preliminary objections were taken including maintainability of suit, cause of action, concealment of true and material facts and denied that the plaintiff was a co-sharer and submitted that the plaintiff was entitled to 307/3055 share in Khewat No. 215 measuring 152 kanals 15 marlas i.e. 15 kanals 7 marlas of land and he had already transferred 34 kanals 18 marlas of land in specific killa numbers comprised in Khatoni No. 463 of Khewat No. 215 to Smt. Raj Rani and others. Accordingly, it was pleaded that the plaintiff was left with no interest in khewat of the suit land and he has no locus standi to file the present suit as owner/co-sharer. It was further alleged that the suit land was being cultivated by the defendant for the last 15 years and, therefore, he was also owner in adverse possession. The defendant had planted Amrood/Guava trees on the suit land which are nearly 4 years old and he is in continuous possession and the plaintiff was not in possession. It is further alleged that that order dated 09.05.1998 was passed after giving notices to all concerned persons. Taking into consideration the pleadings of the parties, the following issues were framed by the trial Court:-