SHANKAR DASS Vs. MATHRU ALIAS MATHRU SINGH

JUDGEMENT

(1.) The defendant has filed second appeal against the judgement, decree, dated 15.12.1999 passed by learned District Judge, Mandi in Civil Appeal No. 49 of 1996.

(2.) The respondent was plaintiff and he had filed a suit for declaration and confirmation of possession on the grounds that he had applied for grant of Nautor land comprised in khasra No. 306/9, 306/10 measuring 6-5-17 bighas, Mohal Dhanyari/45, Illaqua Tungal, Tehsil Sadar, District Mandi and the land was granted to him by Sub Divisional Officer ( C), Sadar Mandi on 10.7.1975. The land was damaged by Public Works Department, he applied for exchange of this land on 8.2.1977 with khasra No. 768/ 306/1 measuring 6-5-17 bighas in same Mohal by reviewing the order dated 10.7.1975. The review order was passed by Sub Divisional Officer(C), Sadar Mandi on 19.1.1978 and the land bearing khasra No. 768/306/1 measuring 6-7-17 bighas in the same Mohal was granted to respondent in Nautor. The patta was issued on 23.2.1978. The appellant in collusion with revenue staff got recorded his name as owner in possession of the suit land to the extent of half share and this entry is wrong and illegal. The suit land is in possession of respondent.

(3.) The suit was contested by the appellant by filing written statement in which objections of maintainability, limitation, non-joinder and mis-joinder of necessary parties, jurisdiction of civil court to try the suit and respondent has no enforceable cause of action, were taken. On merits, it was pleaded that land comprised in khasra No. 768/306/1 measuring 6-12-17 bighas is in exclusive and peaceful possession of appellant for the last 30 years. The respondent had applied for grant of Nautor land comprised in khasra Nos. 306/9 and 306/10 measuring 6-5-10 bighas, which was allotted to respondent by Sub Divisional Officer ( Civil) on 10.7.1975, but the said land was damaged by Public Works Department. The appellant had also applied for grant of Nautor land, the ownership of the land to the extent of 1/2 share was granted to appellant but patta was wrongly issued in favour of the respondent. The appellant is owner in possession of the suit land to the extent of 1/2 share and remaining 1/2 share of the suit land is claimed by appellant by way of adverse possession as he is in exclusive, peaceful, continuous, uninterrupted, hostile possession on half share of the suit land to the knowledge of respondent for the last 30 years.