BHIMI RAM Vs. KHEKH RAM

JUDGEMENT

(1.) THIS is the defendants regular second appeal, filed under Section 100 of the Code of Civil Procedure, 1908.

(2.) PLAINTIFF Khekh Ram (respondent herein) filed a suit claiming himself to be owner in possession of the suit land along with proforma defendants/respondents. Pursuant to a family partition plaintiff was put in exclusive possession of the same. However contesting defendants (hereinafter referred to as 'the appellants ') started interfering with the same. Hence, he prayed for a decree of permanent prohibitory injunction. Proforma defendants did not contest but appellants contested the suit pleading that Sh. Manu who was their predecessor -in -interest had encroached upon the suit land, thus ousting the original owner i.e. the State of Himachal Pradesh and the Jagirdar Rai Bhagwant Singh. On the suit land, Sh. Manu planted apple trees and after his death, appellants inherited his estate and entered into possession thereof. Since then their possession is open, peaceful, continuous and uninterrupted to the notice and knowledge of the plaintiffs, proforma defendants as well as the State.

(3.) ISSUES No.1 and 5 were decided in favour of the appellants whereas issue No.2 was decided in favour of the plaintiffs. Issue No.3 was also decided in favour of the appellants and issues No. 4 & 6 were decided in the negative. As such, plaintiff 'sCivil Suit No.122/99 was dismissed in terms of judgment and decree dated 30.11.2000 passed by Senior Sub Judge, L&S at Kullu.