CHUHRU RAM Vs. CHUNI LAL

JUDGEMENT

(1.) This Regular Second Appeal is instituted against judgment and decree dated 18.12.2014 rendered by learned Additional District Judge(III) Kangra at Dharamshala, District Kangra, (HP) in RBT Civil Appeal No. 32-D/XIII/07.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the predecessor-in-interest of the respondentsplaintiffs (hereinafter referred to as 'plaintiff' for convenience sake), Shri Chuni Lal filed a suit for declaration with the consequential relief of permanent prohibitory injunction and possession against the predecessors-in-interest of the appellants-defendants Shri Chuhru Ram and Duryodhan (hereinafter referred to as 'defendant' for convenience sake). According to the averments made in the plaint, land comprising in Khata No. 143(141) Khatauni No. 280 Khasra No. 1135/529 measuring 0-36-16 hectares situate in Mohal Kiari, Mauja & Tehsil Shahpur, District Kangra, was owned by the plaintiff. Revenue officials have wrongly entered and shown area of the suit land to be 0-31-16 hectares instead of 0-36-16 hectares. Plaintiff also sought relief of permanent prohibitory injunction against the defendants. He also sought possession of land measuring 0-01-17 hectares as per demarcation report and Aks Shajra dated 6.5.2001, which was part of Khata No. No. 143 Khatauni No. 280 Khasra No. 1135/529 measuring 0-36-16 hectares. It was further averred that as per Jamabandi for the year 1982-83, land was measuring 0-36-16 hectares. Vide mutation No. 67 dated 6.7.1978, suit land measuring 0-36-16 hectares, was allotted to the plaintiff by the State of Himachal Pradesh under HP Village Common Lands (Vesting & Utilization) Scheme, 1975.

(3.) Suit was contested by the defendants. According to the defendants, as per factual position on the spot, plaintiff was correctly shown to be owner-in-possession of land measuring 0-31- 16 hectares. Demarcation report dated 6.5.2001 was wrong. Defendants have also raised the plea of adverse possession. Replication was filed by the plaintiff.