RAJ KUMAR & ANOTHER Vs. JASSA AND ANOTHER

JUDGEMENT

(1.) The plaintiffs/appellants herein instituted a suit for possession against the defendants. The plaintiffs' suit was dismissed by the learned trial Court. Being aggrieved therefrom, the plaintiffs' instituted an appeal before the learned First Appellate Court, thereupon, the latter Court pronounced a verdict in affirmation to the verdict pronounced by the learned trial Court. Consequently, the plaintiffs' being aggrieved therefrom, now, concert to assail it before this Court, by instituting therefrom, the instant appeal before this Court.

(2.) The original plaintiff's case was that he owned and possessed the land comprised in Khewat No. 513 min, Khatauni No. 862, measuring 3, Kanal 2 Marla, situated in revenue Village Dharampur, District and Tehsil Una, H. P. About a year anterior to institution of the suit aforesaid, the defendant encroached upon a portion of the suit land, measuring 2 kanal which denoted by letters ABCDE in the site plan. On the aforesaid land, the defendants raised a superstructure which is denoted by letters FGHIJ and shaded in red ink in the site plan. The plaintiffs requested the defendants to deliver the vacant possession of the suit land, but they refused to oblige. Hence this suit.

(3.) The defendant contested the suit of the plaintiff and filed written statement, wherein, their defence was of denial of the plaintiff's allegations qua the suit land being encroached by them about a year prior to the institution o of the suit. According to the defendants, they have been in possession of the suit land for the past more than 35 years and the revenue entries showing the plaintiffs to be the owners thereof are wrong. Claiming to have constructed a cattle shed over a portion of the suit land about 30 years and a pucca Kotha and a chhaper over the remaining portion about 15-16 years ago, the defendants averred that besides these structures, they installed a Belna (sugarcane cusher) on the suit land, and that in case the plaintiffs were proved to be the owners of the suit land, they have become owners thereof by way of adverse possession.