HARI SINGH Vs. KRISHAN KUMAR AND OTHERS

JUDGEMENT

(1.) Defendant-appellant Shri Hari Singh (hereinafter referred to as the defendant) has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 30.12.2005, passed by the learned Additional District Judge-I, Kangra at Dharamshala, Himachal Pradesh, in Civil Appeal No.78-P/04, titled as Hari Singh v. Krishan Kumar & others, whereby judgment and decree dated 13.9.2004, passed by Civil Judge (Junior Division), Court No.2, Palampur, District Kangra, Himachal Pradesh, in Civil Suit No.98/99, titled as Krishan Kumar and others v. Hari Singh, stands affirmed.

(2.) In a suit filed by the plaintiffs-respondents (hereinafter referred to as plaintiffs), a decree for demolition of the structure raised over suit land comprising Khata No.116, Khatauni No.255, Khasra No.799/788/1, measuring 0-03-01 Hecares, situate at Mohal Kalyalkar, Mauza Sidhpur Rani, Tehsil Palampur, District Kangra, Himachal Pradesh and possession of the vacant land was sought. Plaintiffs claimed to have been forcibly dispossessed by the defendant.

(3.) Defendant resisted the suit, not only claiming to have perfected his title by way of adverse possession, but also having purchased land comprising in Khata No.10, Khtauni No.39, Khasra Nos. 156 and 158, measuring 5 Kanals 2 Marlas, situated in Choudhrerh, Mouja Sidhpur, Palampur, vide sale deed dated 5.9.1966.