LAWS(HPH)-1998-8-3

DES RAJ Vs. BHAGAT RAM

Decided On August 31, 1998
DES RAJ AND ORS Appellant
V/S
Bhagat Ram And Ors Respondents

JUDGEMENT

(1.) The present Second Appeal has been directed against the concurrent findings of the two courts below, holding the Respondent-Bhagat Ram to have become the owner of the land in dispute, described in the plaint, by virtue of his continuous adverse possession for the last more than twelve years before the suit.

(2.) The Appellants and Respondents No. 29 to 43 were the Defendants 1 to 22-A, while Respondent No. 1 was the Plaintiff and Respondents No. 2 to 28 were the pro forma Defendants 23 to 49 before the learned Trial Court. They are being referred to accordingly hereinafter.

(3.) Land measuring 232 bighas, 10 biswas comprising in Khewat No. 2, Khatoni Nos. 2 to 9 of Mohal Samlen, Pargana, Chuban, Tehsil Bhattiyat, District Chamba, is recorded in the revenue record under the ownership of the Plaintiff to the extent of 1/3rd share and Defendants 1 to 22-A to the extent of 2/3rd share. The dispute pertains to 2/3rd share of the Defendants No. 1 to 23-A. The pro forma Defendants 23 to 49 are transferees from the Plaintiff in respect of a part of the land falling within the 1/3rd share of the Plaintiff.