SARWAN RAM Vs. VIDYA & ORS

JUDGEMENT

(1.) By filing the instant appeal, the appellant has challenged the judgment dated 12.12.2009 of the Additional Civil Judge (Sr. Divn.), Garhshankar, District Hoshiarpur, whereby Civil Suit No.119 dated 27.4.2001 was dismissed and the judgment and decree dated 3.11.2012 of the Additional District Judge (Ad hoc), Fast Track Court, Hoshiarpur, dismissing the appeal filed against the aforesaid judgment and decree of the trial Court.

(2.) As per the pleadings, Shri Puran Chand, predecessorin- interest of the appellant filed a suit for possession of 19 Marlas of the land, as detailed in the head note of the plaint, which is part of plaintiff's land comprised in Khewat No.146/279, Khasra Nos.796(11-2) 820(0-19)" as per jamabandi for the years 1996-97 (hereinafter to be referred as 'the suit land') alleging that he is owner of the land measuring 12 Kanals 1 Marla constituting said khasra Nos.796(11-2) and 820 (0-19) and the respondents who are head strong persons, taking benefit of his old age, have forcibly and illegally occupied the suit property marked as ABCDEFGHIJK shown in red colour in the site plan without any right or interest therein and have refused to vacate and hand over the vacant possession to him despite his repeated requests.

(3.) In the written statement, the respondents while admitting paragraph No.1 of the plaint to the extent that the appellant is owner of khasra Nos.796(11-2) and 820 (0-19) as per revenue record, have denied that they have illegally encroached upon the suit land and alleged that the disputed site does not constitute part of khasra Nos.796(11-2) and 820 (0-19) and in any case, if the same is found to be part of the said khasra numbers, they have become owners of the suit property by way of adverse possession.