SHAM LAL & OTHERS Vs. SHIV KUMAR

JUDGEMENT

(1.) The present regular second appeal has been maintained by the appellants/defendants (hereinafter referred to as "the defendants"), laying challenge to the judgment and decree, dated 06.08.2005, passed by the learned District Judge, Una, District Una, H.P., in Civil Appeal No. 10 of 2003, dismissing the appeal filed by the defendants against the judgment and decree, dated 30.09.2002, passed by the then learned Sub Judge 1st Class, Court No. 1, Una, District Una, H.P. in Civil Suit No. 7-1 of 95, whereby the suit filed by the respondent/plaintiff (hereinafter referred to as "the plaintiff") was decreed.

(2.) The key facts of the case can tersely be summarized as under:

(3.) The defendants, by way of filing written statement, contested and resisted the suit of the plaintiff. They raised preliminary objections, viz., cause of action and maintainability. On merits, the defendants denied the plaintiff's claim. It is averred that Kailash Devi executed an agreement to sell her land 'A' and she put them (defendants) in possession. It is contended that on a portion of land 'B' (khasra No. 718) Wattani Devi (defendant No. 4) is in exclusive possession and qua that land a civil suit is pending adjudication in Civil Court, Una. The plaintiff deliberately suppressed all the material facts, thus, they prayed that the suit be dismissed.