KALAVATI Vs. MAST RAM

JUDGEMENT

(1.) BY this judgement the appeal filed by the original plaintiff and the cross-objections filed by the defendant are being disposed of.

(2.) BRIEFLY stated the facts of the case are that Devi Saran predecessor-in-interest of the present appellant, who is also the father of defendant No.1 Mast Ram, filed a suit in the trial Court claiming to be in possession of land comprised in Khewat Khatauni No. 21 Min/48, Khasra Nos. 185, 186, 188, 190, 191, 192, 193, 194, 195, 409, 410 and 412 Kita 12, measuring 5-3-12 bighas situate in Muhal Bhalash/290, Sub-Tehsil Nihri, Tehsil Sundernagar, District Mandi. In the suit it was stated that the State is the owner of the land but the same is in the possession of the plaintiffs. It was claimed that respondent Mast Ram, who is son of Devi Saran is interfering in the said land and threatening to demolish the house which the plaintiff had constructed on the land. Defendant Mast Ram filed a written statement and claimed that as far as the land comprised in Khasra Nos. 188, 192, 193 and 194 is concerned the same is coming in his possession for the last 40 years and there is a residential house, cowshed and Khalwara over the aforesaid land. The plea set up by the defendant was that he alongwith his family members is living in the house for the last 40 years and his possession is continuous, uninterrupted, open and hostile and has matured into title by way of adverse possession.

(3.) THIS appeal was admitted on the following substantial questions of law:-