RAM SINGH Vs. SHIV DEI

JUDGEMENT

(1.) This regular second appeal is directed against the judgment of the learned District Judge, Shimla passed in Civil Appeal No.10-S/13 of 1998 decided on 1.6.1999 whereby he allowed the appeal filed by the respondent and set-aside the judgment and decree of the learned Sub Judge Ist Class, Rohru in Civil Suit No.26/1 of 1995 decided on 1.1.1998 decreeing the suit of the plaintiff. Briefly stated the facts of the case are that Ram Singh, predecessor in interest of the present appellant filed a suit against the respondents. It was alleged that the plaintiff is the owner of land measuring 0-10-24 hectares bearing khasra No.1236 (old khasra No.797) situate in village Todsa, Tehsil Chirgaon, District Shimla. According to the plaintiff he jointly owned land with his brother Dharam Singh who is proforma defendant No.3.

(2.) Defendants 1&2 in their written statement mainly raised the plea of adverse possession claiming their possession over the suit land since the time of their fore fathers. According to them, they have been in possession of land for more than 40 years and that Shiv Dei had planted an orchard on the land about 25 years earlier. The learned trial Court decreed the suit and rejected the plea of adverse possession. An appeal was filed by the defendant Shiv Dei. The same was allowed and the learned District Judge held that the plea of adverse possession stood proved. Aggrieved by the said judgment and decree the present appeal has been filed.

(3.) This appeal was admitted on the following substantial question of law: