JHANDU Vs. MOLI

JUDGEMENT

(1.) The appellants are Legal Representatives of unsuccessful plaintiff. Jhandu filed a suit for possession of 3 Marias of land bearing Khewat/Khatauni No. 88/135 Khasra No. 75 measuring 11 Marias situated in the revenue estate of Village Haripur Jattan, Tehsil Jagadhri, as mentioned in the Jamabandi for the year 1971-72. Jhandu asserted that he was the owner of the abovesaid Khasra Number as it was allowed to him as bara during the consolidation of holdings. About a year back when the suit was filed, the defendant in the absence, of the plaintiff encroached upon 3 Marias on the north-western corner of Khasra No. 75 and raised a Kacha structure in the shape of kotha in one Maria and on the remaining two Marias he started tethering his cattle. It was further, pleaded by the plaintiff that he got the said Khasra, Number demarcated from the Revenue Officials who found that the defendant was in illegal possession of a part of the said Khasra Number. The plaintiff requested' the defendant several times to hand over possession of the suit land but he refused to do so. Hence, the suit.

(2.) The suit of the plaintiff was contested by the defendant by controverting all the allegations and pleading that he was in possession and occupation of the land in suit from the time of his fore-fathers as full-fledged owner. His kotha existed therein right from the beginning. He further asserted that a pipal tree was planted by his father about thirty years back. A khuri was also in existence from the time of his fore-fathers. According to the defendant his possession over the suit land was prior to the consolidation of holdings in the said village which took place in 1954. However, he had no knowledge of the demarcation alleged by the plaintiff. He also pleaded that the suit land did not form part of Khasra No. 75. An alternative plea was taken by him that even if the suit land formed a part of Khasra No. 75 he had become owner of the same by adverse possession. The valuation and limitation for filing the suit were also challenged.

(3.) The pleadings of the parties gave rise of the following Issues.