WAZIR SINGH Vs. PARSIN KAUR

JUDGEMENT

(1.) Defendant No. 1 in the trial Court Wazir Singh has filed the present civil appeal and it has been directed against the judgment and decree dated 13.12.1982 passed by the Additional District Judge Patiala who affirmed the judgment and decree 13.9.1982 passed by the Court of Sub Judge II Class, Rajpura who decreed the suit of the plaintiff-respondents for possession as prayed for.

(2.) The brief facts of the case are that plaintiffs No. 1 to 4 namely Parsin Kaur, Nachhatar Singh, Avtar Singh. and Bachan Singh filed a suit for possession against Wazir Singh defendant No. 1 and Churia defendant No. 2 on the allegations that land measuring 2 biswas 9 biswasis comprised in Khasra No. 1089 as described in Naksha Tafawar and the report paimash situated within the revenue estate of Chapter has been encroached by the defendants Wazir Singh and Churia Ram. The plaintiffs also prayed that the defendants be restrained from raising any construction over the site in dispute. The plaintiffs alleged that they are owners of the land in dispute and that the defendants had no right, title or interest in the said land. Rather they had encroached upon the area measuring 2 Biswas and 9 Biswasis about six months earlier to the filing of the suit. Defendant No. 1 Wazir Singh, now appellant encroached upon 1 Biswas and 8 Biswasis, while defendant No. 2 Churia Ram encroached upon one Biswas and 8 biswasis. The defendants were requested to vacate the suit land but to no effect. In the months of May, 1981, the plaintiff got the measurement of the suit land made from the Field Kanungo who found illegal encroachment on the part of the defendant as stated above. The defendants had also threatened to raise the construction over the encroached area and in case they are allowed to do so, the plaintiffs would suffer irreparable injury.

(3.) The suit was contested by the defendants and they stated that plaintiff No. 4 Bachan Singh in the year 1970 got measurements of the Bara in dispute and it transpired that land about 2-1/2 Biswas belonging to Bachan Singh was found under the construction of the house of the defendants and said Bachan Singh compromised on 5.2.1970 and received a sum of Rs. 700/- from defendant No. 2 Churia Ram and settled the dispute. Thereafter, the defendants became owners of the property. They are also in possession of the same for the last more than 12 years. In the alternative, it was pleaded by the defendants that they have become owner of the land on dispute by way of adverse possession and that the plaintiffs are estopped by their acts and conduct from filing the suits. The plaintiffs filed replication to the written statement in which they re-iterated their allegations made in the plaint while denying those in the written statement and from the above pleadings of the parties the trial Court framed the following issues :-