NEK RAM Vs. SURJAN SINGH

JUDGEMENT

(1.) The appellant is the plaintiff, who after having lost before both the learned Courts below have filed the instant Regular Second Appeal. The parties shall be referred to as the 'plaintiff and the 'defendant'.

(2.) Brief facts of the case as set out in the plaint are that the plaintiff claimed to be owner of land bearing Khasra No. 74/17 measuring 1-6 bighas out of which he had exchanged 8 biswas of land with Chet Ram and therefore was in possession of 18 biswas of land. It was averred that the defendant alleged to have purchased two biswas of land of khasra No. 135/77 in the year 1985 and having raised construction on it and also on the land of the plaintiff to the extent of 4 biswas by encroaching over it during the life time of Palkia predecessor of the plaintiff. It was averred that the defendant agreed to give his land in exchange but failed to fulfill the promise. It was further averred that the plaintiff also obtained demarcation which had shown encroachment of 4 biswas of land and therefore, he filed a suit for possession.

(3.) The defendant resisted the claim of the plaintiff by alleging that Khasra No. 74/17 did not exist in the revenue record as out of this khasra number which was measuring 3.7 bighas, the land measuring 1.19 bighas was acquired by the State Government and remaining land measuring 1.8 bighas was divided into three khasra numbers, 17/2 measuring 9 biswas, 17/4 measuring 15 biswas, 17/3 measuring 4 biswas, out of which Jankia Ram purchased two biswas denoted by Khasra No. 17/2/1 vide mutation No. 34 which was purchased by the defendant in December, 1982, through an oral agreement, the sale deed ofwhich was effected in 1984. The defendant denied factum of exchange of land by the plaintiff with Chet Ram and claimed to be in possession of the suit land from the time of his predecessor since 1973 and having become its owner by adverse possession and in the alternative he offered to pay Rs.1000.00 per biswa for the land.