KHURSHEID AND ANR Vs. SHAMIM AKHTAR

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 20.2.2002 passed by learned Additional District Judge, Solan, camp court at Nalagarh, District Solan in Civil Appeal No. 76-NL/13 of 2001.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that the respondent/plaintiff (hereinafter referred to as "plaintiff" for convenience sake) filed a suit against the appellants/defendants (hereinafter referred to as "defendants" for convenience sake) for mandatory injunction directing the defendants to hand over the possession of the demised premises comprised in Khewat/Khatauni No.635/696 min, bearing present Khasra No.661, area measuring 20.88 sq. mts., situated in up Mohal, Naya Nalagarh, Tehsil Nalagarh, District Solan, H.P.. According to the plaintiff, he is recorded owner in possession of the suit land and the defendants are not having any right, title and interest over the same. The defendants approached the plaintiff about 4-5 years back to seek permission to reside in the suit property. The plaintiff agreed and permitted them to reside in the suit property as licensees. The defendants have also constructed house in Nalagarh Town. The plaintiff requested the defendants to hand over the possession, but the defendants did not agree. The plaintiff revoked the licence and demanded the possession back on 1.1.1998, however, the possession was not handed over.

(3.) The suit was contested by the defendants. According to the defendants, the plaintiff and his father were the Municipal Commissioners and manipulated entries by keeping the predecessors of the defendants in dark. According to them, the entries in the revenue record were wrong and illegal and the plaintiff was neither owner nor in possession of the suit property. It was further averred that the grand father of the plaintiff had two sons and three daughters, namely Dasaundhi Khan, father of the plaintiff and Sardar Ali, who was uncle of the plaintiff. A proposal was made by Telo and Dasaundhi Khan that Dasaundhi Khan would purchase the property as trustee of Mangu and money would be paid by Mangu. Mangu purchased the property for Rs.1025/-. The plaintiff and his father were asking Mangu and his successor to get the entries transferred in their names. The defendants have spent a huge amount for the improvement and maintenance of the property. They have become owners by way of adverse possession w.e.f. 13.1.1964.