TAWARI Vs. LEELA DEVI

JUDGEMENT

(1.) Justice Rajiv Sharma, Judge

(2.) THIS Regular Second Appeal is directed against the judgment and decree dated 29.4.2010 rendered by the learned Additional District Judge, Mandi in Civil Appeal No.7 of 2009.

(3.) THE suit was contested by the defendants. According to the defendants, suit was barred by Order 23 Rule 4 of the Code of Civil Procedure. The suit was also barred by Order 2 Rule 2 of the Code of Civil Procedure. According to the defendants, they are in possession of the suit land since the time of their ancestors. Earlier, the predecessor -in -interest was paying rent to other co -sharers of the suit land, who had not been made party in the suit. Defendants are in possession of the suit land. Their possession was open, peaceful, continuous, uninterrupted and hostile to the knowledge of the owners. Thus, they have become owners of the suit land. The house is comprised of two rooms with verandah. The revenue entries were totally wrong. Sh. Banta, father -in -law of defendant, namely, Leela Devi and grand -father of defendants No. 2 to 5 died in the year 1980.