TILAK RAJ Vs. BHAGAT RAM

JUDGEMENT

(1.) This is the plaintiffs" Second Appeal against the judgment and decree dated 22nd February, 1988 of the Additional District Judge (I), Kangra at Dharamshala, affirming the judgment and decree dated 21st January, 1985 of the Sub -Judge (III) Class (II), Nurpur.

(2.) The subject -matter of dispute between the parties is the land measuring 0 -35 -59 Hectares of Mohal Nadoli, Tehsil Nurpur, District Kangra, detailed in the plaint and Khatoni Bandobast Jadid Sani for the year 1982 -83 and hereinafter referred to as the land in dispute.

(3.) The plaintiffs on the basis of their title filed a suit for possession of the land in dispute. It was averred that the parties jointly owned and possessed land in Mohal Nadoli. Such joint land came to be partitioned between the parties. The land in dispute came to the share of the plaintiffs and they came into exclusive possession thereof consequent upon the partition. During the course of settlement proceedings, the defendant in the month of July 1981 took forcible possession of the land in dispute and in connivance with the settlement staff got himself recorded as in possession thereof as Kabiz. The defendant on having been repeatedly called upon to handover the possession of the land in dispute to the plaintiffs, has failed and refused to do so.