LAL SINGH & ORS Vs. MATHRU AND ORS

JUDGEMENT

(1.) The appellants are the defendants, who having lost before both the learned Courts below, have filed the instant appeal.

(2.) Brief facts giving rise to the present appeal are that the plaintiff is owner in possession alongwith other co-sharers of land comprised in Khewat/Khatauni No.220/306, Khasra Nos.562, 564 and 2705/1429, Kita 3, measuring 7 bighas situated in Mauja Kummi, H.B No.230, Illaqua Balh, Tehsil Sadar, District Mandi, H.P. It was averred that the defendants are strangers and, therefore, without any right, title or interest have started causing interference with the peaceful possession of the plaintiff and other co-sharers in the suit land since 20.11.2008. Hence the suit.

(3.) The suit was contested by the defendants by filing written statement, wherein preliminary objections regarding maintainability, locus-standi, valuation etc. were raised. On merits, the contents of the plaint were denied. It was averred that the plaintiffs had acquired ownership by way of adverse possession and revenue entries are prima facie wrong, illegal and incorrect contrary to the factual position of the spot. It was submitted that since the defendants had now become owner of the suit land by way of adverse possession, therefore, there is no question of interference and prayed that the suit be dismissed.