LAWS(HPH)-2011-6-237

AMAR SINGH AND ORS. Vs. BHIM SINGH

Decided On June 29, 2011
Amar Singh and Ors. Appellant
V/S
BHIM SINGH Respondents

JUDGEMENT

(1.) THE Appellants were Defendants and they have come in appeal against the judgment, decree dated 10.9.2010 passed by learned Additional District Judge, Mandi, Camp at Karsog, in Civil Appeal No. 11/ 2008, affirming the judgment and decree, dated 3.1.2008, passed by learned Civil Judge (Sr. Division), Karsog, Distt. Mandi, in Civil Suit No. 45 of 2006.

(2.) THE facts in brief are that Respondent had filed a suit for possession against the Appellants regarding the land more specifically described in the plaint, which was granted as Nautor to the Respondent by the government in the year 1980. The mutation to this effect was attested in favour of the Respondent on 5.1.1982. It has been alleged that Appellants threatened to interfere in the suit land and forcibly occupied the same in December 2004. The Respondent had filed a criminal complaint against the Appellants, which was dismissed. Thereafter the suit was filed.

(3.) THE Respondent started demanding the possession of the suit land from the Appellants after the land was allotted to him by way of Nautor in the year 1980. The Appellants refused to give possession of the suit land to the Respondent. The land was demarcated on 19/20.6.1982 and on demarcation, the Appellants were found in possession of the suit land. The Respondent even admitted the possession of the Appellants in the criminal case. The replication was filed and on the pleadings of the parties, the following issues were framed by the learned trial court: