NIRMLA DEVI AND ORS Vs. VIJAY KUMAR

JUDGEMENT

(1.) This regular second appeal is instituted against the impugned judgment and decree dated 20.2.2015 rendered by learned Additional District Judge-II, Kangra at Dharamshala, camp at Jawali, District Kangra, in Civil Appeal No. 7-J/XIII/14.

(2.) The key facts necessary for the adjudication of the appeal are that the respondent/plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit for possession against the appellants/defendants (hereinafter referred to as the "defendants" for convenience sake). According to him, he along with other co-sharers is owner of the suit land, as detailed in the plaint. Previously, the suit land was owned and possessed by his predecessor-in-interest and after his death, he along with other co-sharers inherited the suit land. Neither he nor his predecessor-in-interest ever gave the suit land to defendants in any capacity. The defendants in collusion with the settlement staff got themselves recorded in possession of the suit land and thereafter, on the basis of wrong revenue entries forcibly took possession of the suit land. The possession of the defendants over the suit land is that of trespasses and as such, being owner of the suit land, the plaintiff is entitled for possession of the suit land.

(3.) The suit was contested by the defendants. According to the defendants, father of the plaintiff, Raghubansh Singh, sold the land bearing Khasra No.998 min to them to the extent of half share measuring 6 Kanals 14 Marlas by a registered sale deed, but on the spot, only 5 Kanals 8 Marlas was found. 1 Kanal 6 Marlas land was found to be less. Father of the plaintiff delivered possession of the land bearing Khasra No.998 min and less portion, i.e. 1 Kanal 6 Marlas was adjusted against the suit land on 11.6.1974. Mutation No.1372 was also attested in favour of the defendants qua land bearing old Khasra No.998 min and new Khasra Nos.1115 and 1132 on 11.8.1980.