GAURAN DEVI Vs. DURGA DASS

JUDGEMENT

(1.) This is an appeal filed by the appellants against the judgment and decree dated 1-6-1988, passed by the then District Judge, Kangra Division at Dharamshala, whereby the judgment and decree passed by the Sub-Judge 1st Class, Kangra dated 28-6-1985, has been upheld.

(2.) Facts out of which the present appeal arise, are that the respondent filed a suit for possession of one storeyed roofed house including compound as also vacant land against the appellants on the basis of title. It was averred by the respondent that he purchased the house, compound and vacant land from one Shri Bhagwan Dass (PW-2) for a lawful valuable consideration of Rs. 2500 /- vide sale deed Ex. PW-1 / A in the year 1972. Endorsement on Ex. PW-1 / A shows that the sale deed was executed on 18-9-1972 on which date itself, the same was registered in the office of the Sub-Registrar, Kangra. Case of the respondent further was that he was put into possession of the property purchased by him from Sh. Bhagwan Dass above mentioned. After the house etc. aforesaid had been purchased by the respondent, in the month of September, 1972, predecessor-in-interest of appellants, namely, Beli Ram, forcibly took possession of the house as well as the compound and vacant land when proceedings under Section 145 of the Code of Criminal Procedure were initiated by him, but he was directed by the Sub-Divisional Magistrate, to have recourse by seeking relief from appropriate Court. Case of the respondent further was that Beli Ram deceased, predecessor-in-interest of the appellants had no concern with the suit property and because the appellants failed to hand back the possession despite repeated requests, hence the suit.

(3.) This suit was contested and resisted by the appellants in the trial Court, wherein amongst other pleas, they averred that the respondent has no title to the property in suit and they had also put up plea of adverse possession, number of other pleas were also raised. Parties, with the aforesaid pleadings went to trial on the following issues :