HIMA DEVI Vs. YOBAN SINGH

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT -plaintiff Hima Devi filed a suit for declaration that she had acquired title to 16 biswas area, comprised in Khasra No.2591/ 217, situate in Sub Tehsil Sainj, District Kullu, by adverse possession. She claimed that in the year 1976 she started constructing a house on a portion of the land and on the rest of the land she planted fruit plants.

(3.) TRIAL Court decreed the suit and passed a decree declaring that the plaintiff had acquired title by prescription and was in possession of the entire suit land. Respondents-defendants were restrained from causing any interference in the possession of the appellant-plaintiff. Defendants felt aggrieved and went in appeal to the Court of District Judge. The District Judge accepted the appeal in part. The District Judge held that though the plaintiff was in possession of the suit land, the length of the period for which she had been in possession fell short of 12 years and had thus not ripened into title.