VISHAL SINGH Vs. DEVA SINGH

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and decree passed by the Court of learned Civil Judge (Jr. Division) , Court No.1, Rohru, Distt. Shimla H.P. in Civil Suit No. 64-1 of 2003/2002 dated 31.03.2004 vide which the learned Court decreed the suit of the respondent/plaintiff for possession of suit land and also the judgment and decree passed by the Court of learned Addl. District Judge, Shimla, in Civil Appeal No.45-R/13 of 2004, whereby the learned Appellate Court in an appeal filed by the present appellant, while dismissing the same, upheld the judgment and decree passed by the learned Trial Court.

(2.) Brief facts necessary for adjudication of the present appeal are that respondent/plaintiff (hereinafter referred to as the "plaintiff") filed a suit for possession of land comprised in Khata Khatauni No.91/279 min Khasra No.1714 (new) corresponding to old Khasra No.849/748, measuring 0-08-67 hectares in Chak Chirgaon Distt. Shimla, which as per the plaintiff was taken forcibly into possession by the defendant somewhere in June 200 Suit was filed by the plaintiff through his son Ishwar Singh as next friend of the plaintiff on the ground that the plaintiff was a man of low intelligence. The suit was resisted by the defendant, inter alia, on the ground that he was in possession of the suit land since 20.11989 and that an apple orchard also stood raised on the same. According to the defendant, his possession over suit land was open, peaceful, continuous, visible and hostile to the knowledge of the plaintiff and he had not taken forcible possession of the suit land in June 2002 as alleged. Defendant also denied that the plaintiff was a man of low intelligence.

(3.) On the basis of pleadings of parties, learned Trial Court framed following issues:-