RATTAN SINGH Vs. RONKI LAL

JUDGEMENT

(1.) By way of this appeal, the appellants have assailed judgment and decree dtd. 8/3/2006, passed by the Court of learned Civil Judge, (Jr. Division), Court No.1, Paonta Sahib, District Sirmaur, H.P., in Civil Suit No.29/1 of 2004, titled Sh. Ronki Lal Versus Sh. Rattan Singh and others, in terms whereof, the suit for permanent prohibitory and mandatory injunction and in the alternative, for possession was decreed by the learned Trial Court, as also the judgment and decree 26/12/2007, passed by the Court of learned District Judge, Sirmaur District at Nahan, H.P., in Civil Appeal No.37-CA/13 of 2006, tilted Shri Rattan Singh and others Versus Shri Ronki Lal, in terms whereof, the judgment and decree passed by the learned Trial Court was upheld by the learned Appellate Court while dismissing the appeal of the present appellants.

(2.) Brief facts necessary for the adjudication of the present appeal are that respondent-plaintiff (hereinafter to be referred as'plaintiff') filed a suit for permanent and mandatory injunction and in the alternative for possession against the defendants, on the ground that the plaintiff was exclusive owner-in-possession of land comprised in Khata No.189, Khatauni No.305 min. Khasra No.456/430, measuring 3-18 bighas situated in Patti Masania of Mouza Kolar, Tehsil Paonta Sahib, District Sirmaur, H.P. and defendants being strangers to the suit land had startied digging foundation for construction of their house and chhappars in the suit land, without any right. Record demonstrates that though, initially the suit was filed only for permanent prohibitory and mandatory injunction, but subsequently, amendment was carried out in the plaint and alternative relief of decree for possession was also incorporated therein.

(3.) The suit was resisted by the defendants, inter alia, on the ground that Jiwan Singh had exchanged 0-5 bigha land out of the suit land towards Khasra No. 455/430, in the year 1970-71, in lieu of their abadi land and immediately after the exchange, the defendants had constructed their cattle shed and kachcha chhappars over the same in the year 1971 itself. This construction was carried out to the notice of Jiwan Singh and others openly and without any obstruction. According to the defendants, this fact was intentionally suppressed and concealed by the plaintiff and as the construction of cattle shed and Kachcha Chhappars was carried out on land measuring 0-5 bigha, towards khasra No.455/430, therefore, the plaintiff was having no right, title and interest over the same, because of the exchange that had taken place. It was further the stand of the defendants that as the plaintiff was out of possession of the suit land and in case exchange was not proved, then they had perfected their title over the suit land by way of adverse possession.