RAM SAROOP SAINI Vs. GURMEET SINGH

JUDGEMENT

(1.) THE defendant is the appellant before this Court, who is aggrieved by the judgment and decree dated 03.02.2014 passed by learned District Judge, Una, in Civil Appeal No. 65 -XIII/2013 whereby he affirmed the judgment and decree dated 17.06.2013 passed by learned Civil Judge (Junior Division), Court No. (III), Una, in Civil Suit No. 176 of 2004 and Counter Claim No. 149 of 2006.

(2.) THE plaintiff -respondent (hereinafter referred to as respondent) filed a suit for possession through ejectment of shop measured and bounded as under: -

(3.) THE appellant filed counter claim and averred that he had constructed the shop measuring 3 metre x 4 metre upon the land bearing Khewat No. 305 min, Khatauni No. 486 min, Khasra No. 2996 (0 -00 -12) hectares, situate in Upmohal Mauza Pandoga Nichla, Tehsil and District Una, in May 1985 by investing a lot of money in the presence of respondent, Sadhu, s/o Gonda and other co -shares by denying their ownership over the disputed site. Hence, counter claimant sought a decree for declaration that he has become owner in possession of the disputed shop and land underneath by virtue of adverse possession and the sale deed executed by Sadhu in favour of the respondent and mutation No. 474 to the extent of affecting his rights is null and void and in the alternative decree for permanent injunction restraining the respondent from taking forcible possession, interfering, demolishing, alienating the suit property, was sought.