PRAKASH CHAND Vs. BHAGAT RAM

JUDGEMENT

(1.) This appeal is directed against the decree and judgment dated 4th January, 1933 passed by the Additional District Judge, Kangra at Dharamshala, whereby the decree and judgment dated 22nd March, 1979 of Sub-Judge, Dharamshala, camp at Kangra, dismissing the suit of the Appellant-Plaintiff Parkash Chand were affirmed.

(2.) The facts, in brief, are that the Appellant-Plaintiff filed a suit on 31st August, 1965 for possession of the land comprised in Khasra No. 1684/1 measuring 1 Kanal 7 Marlas and Khasra No. 1689/1 measuring 6 Marlas against the Respondents-Defendants, by demolition of structure and the 'Barrs' existing thereon. His allegations were that he had purchased the land comprised in Khasra No. 1684 and 1689 in the year 1960 and in October, 1964 the Respondents-Defendants forcibly encroached upon a part thereof which is the suit land as described hereinabove. He got the demarcation conducted on 26th June, 1965 and the encroachment made by the Respondents-Defendants was verified.

(3.) The Respondents-Defendants resisted the suit and denied the allegations of encroachment as made by the Appellant-Plaintiff. Their case was that their possession over the suit land had been adverse since the time of their forefathers which has ripened into their ownership and the suit land has become part of their own land on which 'Barachh' consisting of a number of fruit bearing and other trees is existing. Further, according to them, the Appellant-Plaintiff had knowledge of their possession at the time he purchased the suit land, as such, he is estopped by his act and conduct to file the suit against them. They also took the objection that the suit was not filed within limitation.