JITENDER KUMAR Vs. KRISHNA WATI

JUDGEMENT

(1.) Plaintiff-respondent is the owner of the suit land, comprised in Khasra No.140 measuring 0-01-66 hectares, adjacent to Khasra No.184, situated at village Up-Mahal Delag, Pargana Bagri Khurad, Tehsil Kandaghat, District Solan, H.P. She filed a suit for possession with a consequential relief of permanent prohibitory injunction with respect to aforesaid land, over which the defendants-appellants claimed their adverse possession. According to them, they are in possession of the suit land, to the knowledge of all including the plaintiff-respondent w.e.f. 27.10.1966. It was also their case that they were shown in possession of the suit land during the Bandobast, which took place in the year 1992-93. They had constructed a dry latrine measuring 2 meters X 2 meters, on the boundary of Khasra No.184 and 140, and also planted a wall-nut tree, which is now about 27 years of age and rest of the land, was being used by them for growing the vegetables.

(2.) The learned trial Court held the plaintiff- respondent as the owner of the suit land and declined adverse possession to the appellant, as such suit of the respondent for possession was decreed, which was upheld in appeal by the first Appellate Court, thus, feeling aggrieved and dissatisfied by the judgment and decree passed by the courts below, the present regular second appeal has been filed by the defendants-appellants.

(3.) Heard and gone through the record of Courts below.