RAM CHAND Vs. RAM DASS

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANTS -plaintiffs, claiming themselves to be owners in possession of the land, bearing Khasra Nos.268/65 and 264/79, situate in village Khalag, Tehsil and District Shimla, filed a suit against the respondents-defendants alleging that the said defendants had, sometime in December, 1997 started making encroachment upon the said land while raising construction of a house on their adjoining land, bearing Khasa No. 266/79. It was alleged that earlier a single storeyed cow-shed of the defendants existed on the adjoining land, bearing Khasra No.266/79, and that that cow-shed collapsed about 6- 7 years back and thereafter the defendants, while constructing new house on the site of that cow-shed, made encroachment upon the adjoining land of the plaintiffs. It was also alleged that as a matter of fact the old cow-shed of the defendants stood at lower level compared to the level of the land of the plaintiffs and that while constructing the new house they had made encroachment to the extent of about 2 mtrs. in breadth on the upper side, which is the part of the land of the plaintiffs. It was further alleged that the plaintiffs came to know about the encroachment when they obtained demarcation in April, 1999 from the Revenue agency.

(3.) APPELLANTS -plaintiffs proved the report of the Kanoongo, who carried out the demarcation in April, 1999. The trial Court did not accept the said report and returned the finding that there was no evidence of encroachment and consequently dismissed the suit. Appeal filed by the plaintiffs in the Court of District Judge also stands dismissed. The first Appellate Court has also observed that demarcation report relied upon by the appellants-plaintiffs is not correct, the demarcation having not been carried out in accordance with the instructions and the guidelines issued by the superior revenue authorities.