JAI SINGH & OTHERS Vs. DOGRU & OTHERS

JUDGEMENT

(1.) This regular second appeal, filed under Section 100 of the Code of Civil Procedure, stands admitted on the following substantial question of law:-

(2.) Dogru, as plaintiff, filed a suit for possession inter alia against contesting defendants Jai Singh and Kadara with respect to 5 biswas of land denoted by Khata Khatauni Nos. 20/23, Khasra No.941/1, situated in Mauza Gulel, Pargana Diur, Tehsil Salooni, District Chamba, H.P., after demolition of structure, if any, raised thereupon.

(3.) The contesting defendants resisted the suit primarily on the ground that the suit land stood gifted to their mother Smt. Himti Devi, by Sh. Chimnu father of the plaintiff and proforma defendants No.3 and 4. With the handing over of possession, 42 years prior to the institution of the plaint, which was so done in March 2006, building already stood constructed over the suit land. The contesting defendants continued to occupy the land as owners thereof. Also contesting defendants took an alternative plea of adverse possession.