RAVI KANT Vs. BHUPENDER KUMAR

JUDGEMENT

(1.) THIS is the defendant's appeal against the judgment and decree of the learned District Judge affirming the findings of the learned Sub Judge in a suit instituted by the respondent-plaintiff praying for permanent prohibitory injunction restraining the defendants-appellants from raising any construction over the suit land. The suit was amended during the pendency of the appeal and a decree for possession was prayed.

(2.) THE respondent-plaintiff instituted a suit for payment prohibitory injunction restraining and prohibiting the appellant-defendant Sita Ram (who was also a defendant in the suit) from raising any construction over the land comprised in Khasra No. 397/204, measuring 3 bighas, situated in mauza Bhatanwali, Tehsil Paonta Sahib, district Sirmaur on the allegations that the plaintiff-respondent is owner in possession of this land and the appellant-Ravi Kant and his father have no right, title or interest in it. It was averred that they were strangers and were trespassing on the land, engaging in raising of construction etc. usurping the rights of the plaintiffs with their illegal activities. During the course of the trial, Sita ram died and his name was deleted from the array of the defendants. The learned trial court framed two issues. The first was as to whether the plaintiff is entitled to a decree for possession of the land as prayed for by them and second whether the claim of the defendants that they are in possession since 15-1-1953 is substantiated by the evidence on record. Both these issues were decided together and the learned trial Court held that the plaintiff was the rightful owner and that adverse possession as pleaded by the appellant-defendant, had not been established by clear and cogent evidence. An appeal before the learned District Judge proved unsuccessful. The defendant is now in second appeal before this Court.

(3.) THIS appeal was admitted on the following substantial question of law :