(1.) The plaintiff has come in appeal against judgement, decree dated 9.11.1999 passed by learned District Judge, Chamba in Civil Appeal No. 47/98 allowing the appeal, setting aside the judgement and decree dated 13.7.1998 passed by learned Sub Judge Ist Class, Dalhousie in Civil Suit No. 89/95.
(2.) The facts in brief are that the plaintiff had filed a suit for possession of shop constructed over khasra No. 864/1 Mouza Sher, Pargana Bathri, Tehsil Bhatyat, District Chamba on the basis of title. It is the case of the appellant that he was in government job, the respondent who is his real brother had requested the appellant to Whether the reporters of the local papers may be allowed to see the Judgment? give the shop to him for running a tea stall as a licensee. The appellant had given shop to the respondent on the condition that he would vacate the shop when required by the appellant. In January 1995, the appellant had requested the respondent to hand over the possession of the shop, he refused. The appellant had sent a notice to respondent terminating his licence and thereafter the suit was filed.
(3.) The respondent contested the suit and took the plea that he had purchased the land in dispute for a consideration of Rs.2200/- in 1969-70 by oral sale and appellant had handed over the possession of the land to respondent in the year 1969-70. Thereafter the respondent constructed two kucha shops, out of them bigger shop in the year 1973-74 was made pucca. The appellant had not raised any objection at the time of construction of the shops. The respondent has claimed adverse possession on the shops since 1969-70. The appellant filed replication to the written statement and reiterated his stand. On the pleadings of the parties, the following issues were framed:-