RAMPHAL Vs. NAND RAM AND ORS.

JUDGEMENT

(1.) PLAINTIFF -Ramphal filed suit for declaration of his title over the suit land measuring 3 bighas 12 biswas bearing khasra No. 1328, khewat No. 462/366, khatoni No. 977 as per jamabandi for the year 1996 -97 situated in village Mauja Chhapar, Tehsil Charkhi Dadri, District Bhiwani.

(2.) CASE of plaintiff, in brief, is that his forefathers have settled in village Mauja Chhapar and had been cultivating the suit land. Defendants or their forefathers never resided in this village or cultivated the suit land. Entry in the revenue record showing plaintiff as owner of the suit land had been wrongly made against the law. Because of the continuous possession for the last more than 50 years, plaintiff has attained title over the suit land by way of adverse possession. Even otherwise he is entitled to be declared occupancy tenant and owner of the suit land under Section 3 of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952.

(3.) THE suit of plaintiff was dismissed by Civil Judge (Junior Division), Charkhi Dadri with observation in para 16 as follows: - -