ROSHAN LAL Vs. BRIJI

JUDGEMENT

(1.) Challenge herein is to the judgment and decree dated 22.9.2005, passed by learned Additional District Judge, Mandi, in Civil Appeal No.146 of 2002, whereby the appeal has been dismissed and the judgment and decree dated 11.9.2002, passed by learned Sub Judge 1st Class, Chachiot at Gohar, District Mandi, in Civil Suit No.202 of 1997, affirmed.

(2.) The appellant herein (plaintiff in the trial Court) claims himself to be the exclusive owner in possession of the suit land entered in Khata/Khatauni No.67/105, bearing Khasra Nos.50, 52, 60, 61, Kittas 4, measuring 7-6-8 bighas, situate in village Narhali/64, Tehsil Chachiot, District Mandi. As per his further claim, he has acquired title over the suit land by way of adverse possession. The plaintiff as such has sought the declaration to the effect that he has become owner of the suit land by way of adverse possession and that the revenue entries showing defendant No.1 Smt. Briji (since dead) as joint owner in possession of the suit land are wrong, illegal, hence void ab initio. Further, sale of the suit land to the extent of her share by said Smt. Briji to defendants No.2 and 3 has also been sought to be declared as illegal, null and void.

(3.) On entering appearance, defendants have contested the suit. The allegations that the plaintiff has acquired title in the suit land by way of adverse possession were denied being wrong. It is claimed that predecessor-in-interest of defendants No.2 and 3, Smt. Briji was joint owner in possession of the suit land. She, therefore, has rightly transferred the suit land to the extent of her share in favour of defendants No.2 and 3 vide registered sale deed No.304 dated 31.7.1997. The entries in the revenue record are also stated to be legal and valid being as per the factual position on the spot. The suit, therefore, was sought to be dismissed.