BABU RAM Vs. GANPAT RAM

JUDGEMENT

(1.) Plaintiff-appellant Babu Ram (hereinafter referred to as the plaintiff) has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 24.3.2003, passed by the learned Additional District Judge, Solan, in Civil Appeal No.27-S/13 of 2002, titled as Babu Ram v. Ganpat Ram and others, whereby judgment and decree dated 20.4.2002, passed by the Sub Judge 1st Class, Arki, in Civil Suit No.81/1 of 1995/2001, titled as Baboo Ram v. Ganpat and others, stands affirmed.

(2.) Plaintiff Babu Ram filed a suit, seeking declaration that he is owner in possession of suit property and that defendants-respondents Ganpat Ram and others (hereinafter referred to as the defendants) be restrained from interfering with his peaceful possession.

(3.) Trial Court decreed the suit, vide judgment and decree dated 12.7.2000, passed in Civil Suit No.81/1 of 95, titled as Baboo Ram v. Ganpat Ram and others, holding the plaintiff to be in possession and perfected his title by way of adverse possession. In the defendants' appeal, such findings of act, judgment and decree was reversed and with the framing of an additional issue, the matter was remanded back to the trial Court for consideration afresh. This was so done by the Additional District Judge, vide judgment and decree dated 7.11.2001, passed in Civil Appeal No.21-S/13 of 2000.