BALA NAND & OTHERS Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) The plaintiff's suit, for, rendition of a decree for possession of the suit khasra number, was, dismissed by both the learned Courts below. Both the learned Courts below, accepted, the espousals of the defendant, of, hers becoming owner of the suit land by way of adverse possession. In sequel thereto, the plaintiff/appellant herein is driven to institute the instant appeal before this Court.

(2.) Briefly stated the facts of the case as set up by the plaintiffs are that Ram Rattan, the late husband of the defendant, had taken the suit land from the plaintiff and in exchange had agreed to give the plaintiff(s), the land comprised in khasra Nos. 350, 360 and 363. But late Ram Rattan actually did not hand over the suit possession and always put off the matter on one pretext or the other. The defendant was lastly asked in the third week of March, 1999, to handover the possession of the land as per promise. But she also did not keep the promise. Now the plaintiff wants his own land back. Hence the suit.

(3.) The defendant contested the suit and filed written statement, wherein, it is averred that no such agreement of exchange of land was entered into between the parties. In fact the plaintiff had taken some money from her husband. The plaintiff and her husband had been in adverse possession of the land. The plaintiff is no longer its owner and is not entitled to get back possession. The defendant has raised apple orchard and also constructed a house on this land. The plaintiff has not come to the court with clean hands. The suit was also resisted on the ground of non joinder of parties, mis joinder of cause of action, improper valuation, estoppel etc.