SHRI KARAM SINGH Vs. SHRI HOSHIAR SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree, dated 11.07.2002, passed by the learned Additional District Judge -II, Kangra at Dharamshala, in Civil Appeal No. 10 -N/2001. 'Key facts' necessary for the adjudication of this Regular Second Appeal are that the respondent -plaintiff (hereinafter referred to as 'the plaintiff' for the sake of convenience) has filed a suit for possession of land comprised in Khata No. 11 min, Khatauni No. 12 min, Khasra No. 224, measuring 0 -05 -66 hectares, situated in Tikka Kapahri, Mauza Hadwal, Tehsil Nurpur, District Kangra, H.P. (hereinafter referred to as 'the suit land' for the sake of convenience) against the appellant -defendant (hereinafter referred to as 'the defendant' for the sake of convenience). It is pleaded that the suit land is owned by the plaintiff and other co -sharers. However, it has been entered in the name of the defendant as kabaz in the column of possession. Prior to the settlement, it was in the possession of the plaintiff and the defendant in connivance with the settlement officials without the knowledge of the plaintiff, got the entry of kabaz made in his favour, although the possession continued to be with the plaintiff. The plaintiff purchased the share of the other co -sharers and became full owner of the suit land. The suit land was in possession of the plaintiffs till Rabi, 1986. The defendant taking advantage of the wrong entry, has encroached upon the suit land illegally. The plaintiff requested the defendant to vacate the possession, but he did not agree.

(2.) THE suit was contested by the defendant. According to the defendant, neither the plaintiff nor other co -sharers are owners of the suit land and he has become owner of the same by way of adverse possession, being in possession of the suit land since June, 1981 and has become the owner of the same in the month of June, 1993.

(3.) THIS Regular Second Appeal was admitted on the following substantial question of law on 21.11.2002: