LAWS(HPH)-2013-6-132

PREM CHAND Vs. HARDIP SINGH

Decided On June 20, 2013
PREM CHAND Appellant
V/S
HARDIP SINGH Respondents

JUDGEMENT

(1.) APPELLANTS have filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 14.9.2001, passed by the learned District Judge, Hamirpur, in Civil Appeal No. 87 of 1993, titled as Birbal son of Labha alias Sadhu through LRs versus Sujan Singh and others, whereby judgment and decree dated 5.5.1993, passed by the Sub Judge 1st Class, Court No. 2, Hamirpur, in Civil Suit No. 114/90, titled as Sujan Singh versus Birbal and others, stands affirmed. Sujan Singh, predecessor -in -interest of the present respondents (hereinafter referred to as the plaintiff) filed a suit for permanent prohibitory injunction against predecessor -in -interest of the appellants (hereinafter referred to as the contesting defendant) and two others, claiming to be in joint possession of the suit land. Plaintiff claimed to be in possession over the suit land.

(2.) DEFENDANT contested the suit on the ground that with the enactment of the H.P. Tenancy and Land Reforms Act, 1972, he had become owner and in any event, by way of adverse possession, which was hostile to the knowledge of the plaintiff, he had perfected his title and become owner of the suit land.

(3.) WHETHER the suit is time barred?