DEV RAJ Vs. JONKI RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree, dated 04.02.2012, passed by the learned District Judge, Hamirpur, H.P., in Civil Appeal No. 113 of 2008.

(2.) '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 permanent prohibitory injunction against the appellant-defendant (hereinafter referred to as 'the defendant' for the sake of convenience) qua suit land comprised in Khata No. 154 min, Khatoni No. 156 min, Khasra No. 81, measuring 3 Kanals 8 Marlas, situated in Tika Pandher, Tappa Ugialta, Tehsil and District Hamirpur, H.P. with a prayer for possession by way of demolition, if the defendant succeeds in raising forcible construction over the suit land. According to the plaintiff, the suit land was owned and possessed by his father, Shri Dass, who has expired on 03.08.2007. His father had executed a will, dated 17.11.1992 in his favour and as per the will, the plaintiff is now absolute owner in possession of the suit land. The defendant is stranger to the suit land. According to the plaintiff, the defendant is owner of the land adjoining to the suit land. He has threatened to cut the trees and to dig the suit land for raising forcible construction over the suit land.

(3.) The suit was contested by the defendant by filing written statement. According to the defendant, he has become owner of part of the suit land, i.e., 10 Marlas by way of adverse possession. According to him, the plaintiff was not owner in possession of the suit land. He alongwith his brothers is in possession to the extent of 10 Marlas of the suit land since 01.04.1965.