SHRI. GULABA RAM Vs. SMT. MANSHA DEVI

JUDGEMENT

(1.) The appellant (for short the plaintiff) instituted a Civil Suit No. 86 of 1994, before the learned Civil Judge (Sr. Div) Hamirpur, H.P. In the afore Civil Suit, he claimed rendition of a decree for permanent prohibitory injunction, vis-a-vis the suit khasra numbers, and, in the alternative for a decree for possession by way of demolition of the built up structure.

(2.) The afore suit was dismissed on the ground, that the plaintiff is not in possession of the disputed portion of the suit land, borne in khata No. 18 min, khatoni No. 19 min, khasra No. 55, measuring 3 kanals, 7 marlas, as per Jamabandi 1991-92, situated in Tika Sai-Da-Ghat, Mouza Mewa, Tehsil Bhoranj, District Hamirpur, H.P. Moreover, the alternative relief of possession, by way of demolition of built up portion, of the suit land measuring 12marlas also became declined to the plaintiff, rather for want of specific identification of the afore built up portion of the suit land.

(3.) The aggrieved plaintiff there-against, cast an appeal bearing number 48 of 2004, before the learned District Judge, Hamirpur. The learned first appellate Court, upon, the afore Civil Appeal, made a verdict affirming and upholding the afore made verdict, upon, the plaintiff's suit hence by the learned trial Court concerned. Moreover, the plea of the defendants/respondents herein (for short "the defendants") of their acquiring title to the suit land, by way of adverse possession, and, also their plea of the suit land coming to them through a family partition, also became declined. The afore made findings against the defendants acquire conclusivity, as, the defendants did not prefer there against any appeal, before the learned first appellate Court. Against the concurrently recorded verdicts of both the Courts below, the plaintiff instituted the instant appeal before this Court.