CHHAJJU RAM AND ORS. Vs. RACHHPAL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment, decree dated 8.7.2010, passed by the learned Additional District Judge, Kangra at Dharamshala in Civil Appeal No. 46 -N/2008, affirming the judgment, decree dated 1.12.2007, passed by learned Civil Judge( Senior Division), Nurpur in Civil Suit No. 76/2004.

(2.) THE facts, in brief, are that the Respondent had filed a suit for possession of the land more specifically described in the plaint against the Appellants on the grounds that he is one of the co -sharers in the suit land. The Appellants during settlement got themselves recorded as Kabiz over the suit land and took possession of the suit land in November 1996 in absence of the Respondent. The interest of other co -sharers in the suit land is with the Respondent, therefore, they have not been impleaded as party, rather the suit is for their benefit.

(3.) THE learned Civil Judge(Senior Division), Nurpur decreed the suit by holding that the Respondent is entitled to possession and the Appellants have failed to prove their adverse possession on the suit land. In fact, the Appellants were proceeded ex -parte in the trial Court. The Appellants did not lead any evidence in the trial Court.