BISHNU Vs. LAXMAN

JUDGEMENT

(1.) By way of instant Regular Second Appeal, the appellants have assailed judgment and decree dtd. 10/12/2012, passed by learned Additional District Judge-I, Kangra at Dharamshala in Civil Appeal No. 11/D/XIII/2005 whereby the judgment and decree dtd. 7/3/2003 passed by learned Sub Judge (I), Dharamshala, District Kangra, H.P. in Civil Suit No. 117/2002, was affirmed.

(2.) The original suit No. 117/2002 was filed against the appellants (hereinafter referred to as defendants) by the respondents (hereinafter referred to as the plaintiffs) for possession of the land comprised in Khata No. 85, Khatauni No. 211 to 214, Khasra Nos. 585, 599, 582, 584, 588, 595, 581, 583, 586, 594 and 600, Kita 11, measuring 0/30/95 hectares, situated in Mohal Tau, Mauza and Tehsil Dharamshala, District Kangra, H.P. (hereinafter referred to as the suit land).

(3.) The plaintiffs had sought the possession of the suit land from the defendants on the basis of their title. It was claimed that the plaintiffs were owners in possession of suit land till 15/1/2002, when they were forcibly dispossessed by the defendants. As per the plaintiffs, they had filed an application for partition of the suit land amongst co-owners about two years prior to filing of the suit and it was at that juncture that the plaintiffs for the first time came to know that the defendants had been wrongly entered in possession of the suit land in revenue records.