PADMAWATI Vs. VIDYA WATI

JUDGEMENT

(1.) This second appeal by the defendant is directed against the judgment and decree of District Judge, Simla.

(2.) Shrimati Vidyawati (referred to as the plaintiff) filed a suit claiming to have purchased the property known as 'Vakil Khana Koti', situate in Shankli, Simla, from the Rana of Koti vide registered sale deed dated 23rd January, 1965. Kanwar Bharat Singh (referred to as the defendant) owned some property nearby, Tha plaintiff alleged that the defendant had encroached upon a small portion of the plaintiff's land. Despite plaintiff's warning, It is alleged, the defendant put up a cow shed upon the encroached land and threatened to make further encroachments. The defendant claimed the disputed property aa his. He also alleged that the sale deed put up by the plaintiff was not a valid registered document. It was averred that this document had been presented for registration at village Kitty outside the jurisdiction of the Sub-Rsgistrar, Simla, and so could not be said to have been validly registered. The defendant also alleged that the Rana of Koti had no right or title over the land in dispute and, in the alternative, claimed adverse possession.

(3.) The parties were taken to trial on the following issues;