STATE OF H P Vs. RAM LAL

JUDGEMENT

(1.) This appeal has been directed against the judgment, decree dated 25.8.1998 passed by learned District Judge, Bilaspur in Civil Appeal No. 93 of 1992, reversing judgment, decree dated 24.8.1992 passed by learned Sub Judge Ist Class, Ghumarwin, in Case No. 143-1 of 1988.

(2.) The facts, in brief, are that respondent had filed a suit for declaration that he is owner in possession of suit land comprised in khata khatauni No. 345 min/445, khasra No. 390, situated in village Sunhani, Tehsil Ghumarwin, District Bilaspur, measuring 1-18 bighas. The respondent had claimed title on the suit land on the basis of adverse possession since the time of his forefather which is recorded in revenue record also. It has also been pleaded that the possession of the respondent is open, peaceful and without any interruption for more than 50 years and was hostile. The patwari halqua threatened to dispossess the respondent and therefore, he served a notice under Section 80 CPC and filed suit on 1.6.1988, in alternative respondent had prayed decree of possession also. The appellant did not file written statement despite several opportunities granted and the defence of the appellant was struck-off. The learned Sub Judge had framed the following issues:

(3.) Whether the plaintiff is entitled for possession if found to be dis-possessed during the pendency of the suit as alleged OPD