HARI DATT Vs. SAPURAN DASS

JUDGEMENT

(1.) This second appeal is directed against the judgment in appeal passed by the District Judge, Shimla, dated September 7, 1977, whereby the appeal of the present appellants (hereinafter referred to as the defendants) was dismissed with costs affirming the judgment and decree passed against the defendants and in favour of the respondent, Sapuran Dass (hereinafter referred to as the plaintiff; on December 17, 1973, by the Sub -Judge at Rohru.

(2.) The facts of the case are that the plaintiff filed a suit in the Court of the Sub -Judge at Rohru against the defendants for possession of 3.Id Bighas of land, i hereinafter called as the suit land), which was a part of Khasra No. 1F4, Khita Khatoni No. 177/352 min situate in Chak Khatasu as per Jamabandi for the years 1964 -65 which totally measured 7.1.2 Bighas, the suit land, therefore, being denoted by Khasra No. 1134/1.

(3.) The averments in the plaint were that the plaintiff was the owner in possession of the suit land and sometime in the year 1967, the defendants took forcible possession of the suit land when he got the land demarcated and during demarcation in the presence of the panchayat, it was found that the defendants were in illegal possession of the suit land which was a part of Khasra No. 1134, while the rest of the area appertinent to said Khasra No. was still in the ownership and possession of the plaintiff. The defendants in their written statement admitted that the demarcation was carried out qua the suit land in the presence of the parties but asserted that they had not accepted the correctness of this demarcation. They further averred that in any case they have been in open and hostile possession of this land to the knowledge of the plaintiff for more than 12 years and had, therefore, become owners of the suit land by virtue of their adverse possession thereon which had matured to title in their favour. They denied that they took forcible possession of the suit land in 1967 only.