SARTAZ SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Procedure has been preferred by appellants/defendants against judgment and decree dated 6.12.2001 passed by learned Addl. District Judge-II, Kangra at Dharamshala in Civil Appeal No.44- N/98. He affirmed the judgment and decree dated 1.7.1998 passed by learned Sub Judge Ist Class, Nurpur in Civil Suit No.212/91 and decreed the suit of the plaintiff.

(2.) The brief facts as necessary for determination of this appeal are that the plaintiffs filed a suit for possession of land comprised in Khata No.138, Khatauni No.160, Khasra No.243, measuring 0-08-84 HM, situated in Mohal and Mauza, Charot, Tehsil Nurpur, District Kangra. The suit was instituted by plaintiffs/respondents being minors. The plaintiffs/respondents had claimed themselves to be the owner and averred that they never inducted the defendants /appellants as tenants over the suit land and it was during the consolidation operation when the defendants/appellants took forcibly possession of the suit land in the month of May, 1989 and since then they refused to vacate the suit land.

(3.) The defendants/appellants filed written statement, raising the grounds of estoppel on the plea that compromise between the parties had been entered into and also claimed that they were in possession over the suit land for the last more than 25 years and have become owners of the suit by way of adverse possession.