GOVIND AND ORS. Vs. JIWAN SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned District Judge Mandi, H.P. dated 12.1.2005, passed in Civil Appeal No. 48 of 2003.

(2.) KEY facts, necessary for the adjudication of this regular second appeal are that the respondent plaintiff (hereinafter referred to as the plaintiff) has instituted suit for declaration against the appellant defendants (hereinafter referred to as the defendants). According to the plaintiff, the land comprised in Khewat Khatauni No. 201 min/187 min, 239 min comprising Kh. No. 148 measuring 0 -5 -7 bighas situated in Mohal Daundhi/217, as shown in the land recorded in the ownership and possession of the defendants (referred to as the suit land). The entries of the suit land in the revenue record were incorrect because this land is owned and possessed by the plaintiff after its purchase on 2.3.1964 from grand father of the defendant, namely Himmat Ram on payment of Rs. 800/ - towards the sale consideration. The revenue entries were made and plaintiff was shown as owner -in -possession over the land comprised in Kh. No. 147 min whereas he has purchased the suit land and is in possession of the same. Previously, the plaintiff had filed a suit for the land comprised in Kh. No. 147 min but during the pendency of the suit, it transpired that the land in possession of the plaintiff is the suit land and the entries showing the defendants in possession of this land are wrong and illegal. The plaintiff has constructed a commercial complex on this land. He was in possession of this land peacefully, continuously, uninterruptedly and in a manner hostile to the title of the true owner since 2.3.1964. The possession was to the knowledge of the defendants including their predecessor -in -interest.

(3.) THE replication was filed by the plaintiff to the written statement filed by the defendants. The learned Sub Judge Ist Class (III), Mandi, Distt. Mandi, H.P., framed the issues and dismissed the suit on 31.3.2003. The plaintiff filed an appeal against the judgment and decree dated 31.3.2003. The learned District Judge, Mandi, allowed the appeal on 12.1.2005. Hence, this regular second appeal.