NAND LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 17.12.2011, passed by the learned Additional District Judge, Shimla, Camp at Rohru in Civil Appeal No. 31-R/13 of 2008.

(2.) Material facts necessary for adjudication of this Regular Second Appeal, are that the appellant-plaintiff (hereinafter referred to as "the plaintiff " for the sake of convenience) had filed a suit for declaration against the respondent-defendant (hereinafter referred to as "the defendant " for the sake of brevity). According to the plaintiff, Kamla Nand, father of the plaintiff purchased the suit land from one Mast Ram vide agreement dated 13.03.1967. The possession was delivered to him at the time of execution of the agreement. Later on, Kamla Nand, filed an application before the Assistant Collector II, Rohru on 28.12.1977. The same was allowed on 08.05.1978. The possession of the plaintiff's father was ordered to be recorded. Plaintiff developed the suit land. He died on 22.03.2004. Plaintiff was given the land under the family settlement. Plaintiff had been in peaceful, open and hostile possession over the suit land, to the knowledge of the defendant since 13.03.1967. He has become its owner by way of adverse possession. The cause of action accrued to the plaintiff in Oct., 2005, when his request to record him as owner of the suit land, was declined by the defendant.

(3.) The suit was contested by the defendant. It has been averred that the suit land was recorded in possession of Bhadru and Naki, but on the orders of Assistant Collector, IInd Grade, Rohru, these revenue entries were ordered to be corrected and name of Kamla Nand was ordered to be recorded as devedar bai vide order dated 08.05.1978. According to him, plaintiff is not in possession of the suit land. Therefore, he has not become its owner by way of adverse possession.