POHLO RAM Vs. AMAR SINGH

JUDGEMENT

(1.) THIS is Plaintiff's appeal against the judgment and decree of the learned appellate Court allowing the appeal of the Defendant granting a decree for possession in favour of the Appellant herein.

(2.) THE suit out of which this appeal arises was instituted by the Plaintiff -Appellant praying for a decree of possession on the basis of ownership. The case pleaded was that during the settlement in the year 1980 -81, the Defendant got himself recorded as in possession of the land and took forcible possession in the month of January, 1990. The learned trial Court on the evidence decreed the suit and did not accept the defence set up by the Respondent herein that he was in actual possession of the land and by virtue of which he had become owner by way of adverse possession.

(3.) IT is with anguish that I pass an order of remand as the suit was instituted in the year 1995. But the manner in which the appeal has been dealt with, leaves no option with me but to remand this case. It is directed accordingly. The learned District Judge Kangra at Dharamshala shall re -admit the appeal. An endeavour shall be made to dispose of this case not later than 30th November, 2011.