LAWS(HPH)-2016-10-169

BISHAN DASS Vs. CHARAN DASS AND OTHERS

Decided On October 28, 2016
BISHAN DASS Appellant
V/S
Charan Dass And Others Respondents

JUDGEMENT

(1.) Instant appeal has been field against judgment and decree dated 1.4.2008 passed by the learned Additional District Judge, Fast Track Court, Una, District Una, Himachal Pradesh, in Civil Appeal No. 3/2000 RBT No. 227/07/2K, affirming judgment and decree dated 22.11.1999 passed by the learned Senior Sub Judge, Una, in Civil Suit No. 172 of 1989, whereby suit for possession filed by the respondent-plaintiff (herein after, 'plaintiff') was decreed holding him to be entitled to portion denoted by letters ACF in Site Plan Ext. P-1, by demolition of structure /shop raised on it.

(2.) Briefly stated the facts of the case, as emerge from the record are that the plaintiff filed a suit for possession stating therein that he is owner of land measuring 0-05-42 comprising Khewat No. 110 min, Khatauni no. 200 min, Khasra No. 873 (herein after, 'suit land') as entered in the Misal Hakiat for the year 1986-87 situate at Village Charatgarh, Tehsil & District Una and the land marked by letters ABCDEF in the site is part of the suit land. It is further averred that about six months ago, appellant-defendant No.1 and respondent (herein after, 'defendants') have raised construction over the suit land despite the objections of the plaintiff. Plaintiff asked defendants to remove the super-structure illegally raised over the suit land and to handover vacant possession of the same to him. Defendants refused to do so and as such they are threatening to interfere and to get the electric line laid through the land of the plaintiff. Hence, the suit was filed by the plaintiff praying for decree of possession of suit land by removing super-structure and also for permanent prohibitory injunction restraining the defendant from interfering in the peaceful possession of the plaintiff over the suit land.

(3.) Defendant, by way of written statement, refuted the claim put forth by the plaintiff and stated that site marked by letters ABCDF is not part of the suit land, rather same is part of land of the defendant. Defendant further claimed that he has constructed four shops on Khasra No. 812 owned and possessed by the defendants alongwith other, whereupon, plaintiff has no right, title or interest. The construction was about 15 years old. It is further pleaded that in case construction is found on the suit land, defendants have become owners by way of adverse possession. Further objection was taken that the plaintiff was estopped to file the suit due to his act and conduct. Defendants prayed for dismissal of the suit.