RAN SINGH Vs. THUNIA

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned District Judge, Kangra at Dharamshala in civil Appeal No. 48 -N/XIII of 2004, dated 1.10.2005.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the Respondents/Plaintiffs (hereinafter referred to as 'the Plaintiffs ' for convenience sake) have instituted a suit to the effect that they are co -sharers in the suit land comprised in Khata No. 33 min, Khatauni No. 43 and Khasra Nos. 60 and 353, measuring 0 -08 -19 Hectares, situate in Mohal Gatla, Mauza Kukher Khawara, Tehsil Nurpur, District Kangra as per jamabandi for the year 1992 -93. It was alleged that the suit land was never given to the Appellants/Defendants (hereinafter referred to as 'the Defendants ' for convenience sake) nor were they ever inducted as tenants. They were in possession of the suit land since October, 1993, which was illegal and unauthorised. It was alleged that during the settlement proceedings the Defendants got themselves recorded as Kabizan over the suit land in connivance with the settlement officials.

(3.) THIS regular second appeal was admitted by this Court on the following substantial question of law on 17.8.2006: Whether the two courts below have committed serious illegality in appreciating the evidence of the Appellants -Defendants with regard to their plea of adverse possession and come to a wrong finding that they are not in adverse possession.