MANSA DEVI Vs. REWAT RAM

JUDGEMENT

(1.) This revision petition arises out of the orders of learned. Sub Judge 1st Class Sarkaghat, District Mandi, dated 20.9.1999.

(2.) It appears, Rawat Ram plaintiff -respondent herein filed a suit on 15.7.1997 before the learned Sub Judge, 1st Class, Sarkaghat for permanent prohibitory injunction against the defendants Mansa Devi, Balwant, Hem Raj and Janki Devi with the allegations that he was owner in possession of the suit property and the defendants without any right, title or interest were interfering in the possession of the plaintiff over the suit land by destroying the maize crop and paddy crops. This suit was registered as Civil Suit No. 150 of 1997. According to the plaintiff Rawat Ram, the suit property was earlier joint but after consolidation and partition, fell in the share of plaintiff and the plaintiff was put in possession by the concerned revenue authorities, vide rapat roj namcha No. 290 dated 9.6.1997. The defendants in that case, namely, Mansa Devi, Balwant, Hem Raj and Janki Devi filed written statement stating therein that the suit was not maintainable. They claimed that the defendants had also filed a Civil Suit against the plaintiff Rewat Ram and that the plaintiff Rewat Ram by a fictitious release deed, got the land mutated in his name, which action was wrong, illegal and not binding on the rights of the defendants. The defendants raised plea of adverse possession over the suit property. The defendants pleaded "thus the defendants have become owner by way of adverse possession since 12.3.1975 to the knowledge of the plaintiff and the, sisters."

(3.) On 1.12.1997, Mansa Devi, Balwant Singh and Hem Raj filed a suit against Rewat Ram and others for declaration that Mansa Devi, Balwant Singh and Hem Raj have become owners by way of adverse possession of 1/3 and 1/18 shares out of 1/6 and 1/36 share of the defendants No. 2 to 4, namely, Sarswati, Sukhan Devi and Indri of the land in the release deed executed by the defendants No. 2 to 4 in favour of defendant No.l Rewat Ram and the release deed executed by defendants 2 to 4 in favour of defendant No. 1 be declared as void and inoperative qua the rights of the plaintiffs to the extent of 1/3 and 1/18 share respectively and that the defendant Rewat Ram be also restrained from causing any interference in the land subject matter of dispute.