DINA NATH AND ORS Vs. SATNAM AND ORS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Hamirpur, H.P., dated 29.11.2002, passed in Civil Appeal No. 28/1999.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the respondent-plaintiff (hereinafter referred to as the plaintiff), has instituted a suit for possession against the appellantdefendant (hereinafter referred to as the defendant). According to the averments made in the plaint, the land comprised in Khata No. 163 min, Khatoni No. 568, previous Kh No. 1986/860 min, present Kh. No. 1305, measuring 34.65 sq. meters, was situated in Up-Mahal Gaura, Tappa Bajuri, Tehsil and District Hamirpur, H.P., as per jamabandi for the year 1982-83. The plaintiff along with other co-sharers was owner-in-possession over the suit property and prior to settlement, the suit property formed part of Khata No. 269 min, khatoni No. 384 min, Kh. No. 1986/860, measuring 16 marla as per jamabandi for the year 1978-79, situated in Up-Mahal Gaura Kalan, Tappa Bajuri, Tehsil and District Hamirpur, H.P. However, during the settlement operation, the defendant in collusion with the settlement authorities got the entry of possession recorded in his name qua the land in suit without any notice and inquiry by the settlement staff. It is, in these circumstances, the suit has been filed.

(3.) The suit was contested by the defendant. According to the defendant, he had become owner-in-possession of the suit property by way of adverse possession. He was in possession of the suit property since 1965. The settlement staff after following the procedure and giving notice recorded the possession of the defendant over the suit property in which the courtyard of the house of defendant was situated.