NEELAM RANI Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) The defendants have come in appeal against judgment, decree dated 18.9.1996 passed by learned Addl. District Judge, Kullu in Civil Appeal No.53/95 reversing judgment, decree dated 24.4.1995 passed by learned Senior Sub Judge, Kullu in Civil Suit No.44 of 1991.

(2.) The facts in brief are that Om Parkash predecessor-in-interest of respondents had filed a suit for permanent prohibitory injunction, in alternative for possession against Vidya Devi and respondents No.2 and 3 on the grounds that land measuring 14 bighas comprised in khasra No.6677 vide jamabandi 1983-84 was owned and possessed by him, respondents have no right, title and interest over the suit land.

(3.) The respondents and Vidya Devi had contested the suit and took preliminary objections of limitation, maintainability and valuation. On merits, they took the plea that Om Parkash was neither owner nor in possession of the suit land. The revenue entries in his favour are not correct. Daulat Ram their predecessor-in-interest had purchased land from Kehar Singh about 40 years back who handed over possession of the suit land to Daulat Ram at the time of sale of his land. Daulat Ram deceased had fenced the area purchased by him as well as the suit land and raised house and other structures on the suit land and planted fruit trees. They pleaded adverse possession.