BUDH RAM Vs. THOLU & OTHERS

JUDGEMENT

(1.) Instant Regular Second Appeal filed under Section 100 of the Code of Civil procedure is directed against the judgment and decree dated 9.4.2007, passed by learned District Judge, Kullu, District Kullu, H.P., affirming the judgment and decree dated 8.9.2006, passed by learned Civil Judge (Senior Division) Kullu, H.P., in Civil Suit No.167 of 2005, whereby suit of the plaintiff for declaration by way of adverse possession was dismissed.

(2.) The brief facts, as emerged from the record are that the present appellant-plaintiff filed suit for declaration to the effect that plaintiff has become absolute owner in possession of khasra Nos. 2127, 2146, 2172 and 2173, khata/ khatauni No.718/1397, measuring 1-13 bighas situated in Phati Parli Kothi Kotkandi, Tehsil and District Kullu, H.P., as per jamabandi for the year, 2001-02 by way of adverse possession. Since 1989, the plaintiff is in open, peaceful, continuous and hostile possession of the suit land to the notice and knowledge of the defendants and general public at large. Plaintiff in his suit averred that the land, as mentioned hereinabove, is recorded in the joint ownership and possession of the defendants. Plaintiff further averred that out of the above land, the land measuring 1-13 bighas comprised in khasra Nos. 2127, 2146, 2172 and 2173, khata/ khatauni No.718/1397 remained in the possession of the plaintiff since May, 1989 and rest of the land measuring 0-9 bighas comprised in khasra Nos. 2105,2138,2174 remained in possession of the defendants. Plaintiff further averred in the plaint that land measuring 1-13 biswas comprised in khasra Nos. 2127, 2146, 2172, 2173 is in the possession of plaintiff since 1989 and since then possession of the plaintiff is open, continuous, without any interruption and hindrance and with the notice and knowledge of the defendants and public at large and he has become owner in possession by way of adverse possession and as such, defendants have no right, title and interest over the suit land.

(3.) Plaintiff also averred in the plaint that he has constructed retaining wall on khasra No.2146 and 2127 and raised fruit bearing trees over the suit land after spending an amount of Rs. 50,000/-. Plaintiff also averred that previously the land was Banjar and stony and plaintiff after improvements made the land cultivable. Plaintiff further contended that aforesaid improvements were effected in the presence of the defendants and at no point of time, any objection was raised by them. In nutshell, the plaintiff claimed that he is in possession of the suit land for the last more than 12 years and his possession is open, peaceful, continuous and hostile with the notice and knowledge of the defendants and as such, defendants have no right to dispossess the plaintiff. In the aforesaid background, plaintiff by way of suit detailed given hereinabove, sought decree that he may be declared owner in possession of the land by way of adverse possession and defendants be restrained from causing any sort interference in the ownership and possession of the plaintiff over the suit land.