STATE OF HIMACHAL PRADESH Vs. KARAM CHAND

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 C.P.C. has been filed against the judgment and decree passed by learned District Judge, Chamba, whereby he affirmed the judgment and decree passed by learned Civil Judge (Junior Division), Dalhousie, thereby holding plaintiffrespondent to be in adverse possession of the suit land.

(2.) In brief, the case of the plaintiff is that the land measuring 6-16 bighas comprising of Khasra No. 708, 709, 710, 711, 713, Khata Khatauni No. 117/137 situated at Mohal Malunda, Pargna Bathri, Tehsil Dalhousie, District Chamba (hereinafter referred to as the 'suit land') is recorded in his name as Kabiz Najaiaj in the column of cultivation and the State of Himachal Pradesh as owner thereof. During settlement, the said land has been recorded in the name of State of Himachal Pradesh as owner and Shri Bakuntha, s/o Shri Chasitu in the column of cultivation as Kabiz Najaiaj. The said entries are existing since the time of settlement and reflected in the revenue record ever since the year 1953-54 and therefore, plaintiff by virtue of adverse possession became the owner of the suit land.

(3.) The appellant-defendant contested the suit by taking various preliminary objections regarding estoppel, non-joinder and mis-joinder of the necessary parties, limitation, maintainability, locus standi and non-compliance of notice etc.