JAGDISH RAM Vs. HARI RAM AND OTHERS

JUDGEMENT

(1.) The defendant No.7 has come in appeal against judgment, decree dated 24.11.2000 passed by learned District Judge, Bilaspur in Civil Appeal No. 9 of 1991 modifying judgment, decree dated 18.12.1990 passed by learned Senior Sub Judge, Bilaspur Camp at Ghumarwin in Civil Suit No. 15-1 of 1990/87. The names of respondents No. 2 to 13 were deleted vide order dated 11.4.2002 subject to all just exceptions. The parties in this judgment are referred as plaintiff and defendants.

(2.) The pleaded case of the plaintiff is that he is in adverse possession of land measuring 1 bigha 2 biswas comprised in Khasra No. 5 and 1 bigha in khasra No. 4 village Jajjar, Tehsil Ghumarwin. The defendants are threatening to forcibly dispossess the plaintiff from the suit land and, therefore, plaintiff filed the suit for declaration and permanent prohibitory injunction restraining the defendants from interfering over the suit land, in alternative the suit for possession.

(3.) The suit was contested by defendant No.7, he took preliminary objections of maintainability, valuation, estoppel, locus-standi and cause of action. He has pleaded sale in his favour by defendants No. 1 to 4 and thus owner in possession of the suit land. The defendant No.6 filed separate written statement and stated that plaintiff was tenant on the suit land. She admitted that plaintiff is owner in possession of the suit land by virtue of adverse possession. The defendants No.1 to 5 filed separate written statement and have raised preliminary objections of maintainability, valuation, limitation, locus-standi and cause of action. It has been stated that defendant Jagdish Ram is owner in possession of the suit land. The plaintiff filed replication and reiterated the case set up by him in the plaint. On the pleadings of the parties, the following issues were framed: