LAUHALI DEVI AND ORS. Vs. SHAYAMA AND ORS.

JUDGEMENT

(1.) THE appellants are successors of Nand Lal and have assailed judgement, decree dated 15.3.1999 passed by learned District Judge, Mandi in Civil Appeal No. 96/1995 reversing the judgement, decree dated 28.9.1995 passed by learned Sub Judge Ist Class, Jogindernagar in Civil Suit No. 20/1987.

(2.) NAND Lal had filed a suit for permanent prohibitory injunction against the respondents and one Chuhra regarding the land comprising in khata khatauni Nos. 129 min/ 183 min, khasra No. 96 measuring 2 -9 -19 bighas, village Jhalwan, Tehsil Jogindernagar. Nand Lal projected the case that his father Santu had bequeathed the suit property in his favour. It was the case of Nand Lal that Santu had three sons namely Nand Lal, respondents No. 1 & 2 i.e. Shyama and Kalu. Nand Lal had also pleaded that respondents No. 1, 2 earlier dispossessed him from the suit land and he filed a suit against them which was compromised on 24.2.1986 and on the basis of compromise he was put in possession of the suit land.

(3.) THE suit was contested by respondent No. 1 by filing written statement and he took preliminary objection of maintainability on the ground that previous suit was withdrawn by Nand Lal, respondent No. 1 is in actual possession of the suit land. The objection of res judicata and estoppel were also taken. On merits, the will of Santu in favour of Nand Lal was denied and so also the possession of Nand Lal on the suit land. It was pleaded that respondent No. 1 is in peaceful, actual and hostile possession of the suit land for the last more than 12 years and he has become owner of the suit land by way of adverse possession. It was denied that suit was compromised.