RAM KALA Vs. GIANI

JUDGEMENT

(1.) THIS appeal is directed against judgments and decrees dated 22.9.1981 and 17.8.1982 passed by Sub Judge IInd Class, Gurgaon in Case No. 203 of 24.12.1980 and District Judge, Gurgaon in Civil Appeal No. 71/13 of 5.10.1981.

(2.) THE facts necessary for deciding the appeal are that the plaintiff- respondent filed a suit for permanent injunction against the defendant- appellant by alleging that he is owner in possession of the vacant piece of land marked as ABCD in the plan annexed with the plaint which forms part of khewat No. 1, khata No. 1, khasra No. 319 situated within the abadi of village Jaurasi, Tehsil Nuh, District Gurgaon. The ancestors of the defendant- appellant were co-sharers in khasra No. 319 and they had utilised their share by constructing a pucca house marked as CEFG in the site plan. The remaining land which formed part of his share was being used for storing manure and fodder, but the defendant-appellant had no right, title or interest over it. Notwithstanding this, he was trying to forcibly take possession of his share of the land.

(3.) THE defendant-appellant then averred that he was in possession of the suit property and had acquired ownership by adverse possession. He denied the assertion made in the plaint that the plaintiff-respondent was the owner of the portion marked as ABCD or that it was part and parcel of the agricultural land bearing khewat No. 1, khata No. 1, khasra No. 319.