SHAKUNTLA DEVI Vs. SUMITRA

JUDGEMENT

(1.) This is the plaintiff's appeal against the judgment and decree of the learned District Judge, dismissing her suit for possession of the suit property holding the respondents-defendants have become owners by way of adverse possession.

(2.) The plaintiff instituted the suit on the basis of title claiming possession by pleading that old khasra No. 118, situated in main bazaar Paonta Sahib (now khasra No. 59) was owned and possessed by Shri Laxmi Chand, predecessor in interest of the defendants. It was sold to the predecessor in interest of the appellant plaintiff (Sh. Duni Chand) by a registered sale deed Ex. P-1 on 19.5.1927. Shri Laxmi Chand is pleaded to have shifted to Churpur, in Tehsil Dehradun to start his life afresh there and establish a new business. Since he did not succeed, he returned to Paonta Sahib after 5-6 years. The relations between Duni Chand and Laxmi Chand were very cordial and close and accordingly Sh. Duni Chand allowed Sh. Laxmi Chand to occupy 12 biswas of land in Khasra No. 59 on which some construction already existed so that he could tide over his financial crises. It was pleaded that Laxmi Chand had been allowed to occupy the property as a licencee.

(3.) After the death of Laxmi Chand Shri Shiv Prasad, who was his successor in interest continued to be in occupation. However, in the year 1993, late Shri Shiv Prasad started interfering in the ownership of the appellant and a notice dated 29.3.1996 terminating the licence was issued.