BISHAN DASS Vs. MAINA DEVI AND ORS.

JUDGEMENT

(1.) APPELLANT Bishan Dass, who was defendant in the trial Court, is in second appeal before this Court.

(2.) HE has challenged the judgment and decree dated 03.05.2000 passed by learned District Judge, Kinnaur at Rampur Bushahr in Civil Appeal No. 16 of 1999, dismissing thereby the appeal and affirming the judgment and decree dated 26.06.1999 passed by learned Sub Judge 1st Class, Rampur Bushahr in Civil Suit No. 65 -1 of 1997/93, whereby the suit for the relief of possession of the suit land was decreed and decree for permanent prohibitory injunction, however, declined, in view of the respondents (hereinafter referred to as the 'plaintiffs') were not found in possession of the suit land.

(3.) THE defendant, however, has disputed such claim of the plaintiffs being wrong and came forward with the version that one of the plaintiffs Shri Mohan Lal had sold the suit land to him for a consideration of Rs. 10,000/ -. A sum of Rs. 5,000/ - towards part payment of the sale consideration was made. However, when said Shri Mohan Lal failed to execute the sale deed, he took possession of the suit land forcibly in May, 1978. He, therefore, is stated to be in open, peaceful, continuous and un -interrupted possession of the suit land for a period of over 15 years and as such has become owner thereof by way of adverse possession. The suit is also sought to be dismissed being time barred.