RUPINDER Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The defendants are the appellants, who aggrieved by the judgment and decree, dated 24.6.2008, passed by the learned first appellate court, whereby it reversed the judgment and decree, dated 7.12.2007 passed by the learned trial court, have filed the instant appeal.

(2.) Whether reporters of Local Papers may be allowed to see the Judgment Yes 2 Briefly stated the facts leading to filing of the present appeal are that the plaintiff filed a suit for possession of the suit land comprised in Khata Khatauni No. 35/45, Khasra No. 367, measuring 0-00-72 hectares, situated in Mauza Kangal, Tehsil Kumarsain, District Shimla, H.P. with the allegations that the plaintiff had earlier filed a suit for perpetual injunction against the defendants on the ground that he was in ownership and possession of the suit land by way of private partition. However, since the plaintiff was not found to be in possession of the suit land, the suit was dismissed. The defendants claimed title and possession over the suit land under sale in their written statement, however the same was negatived by the Court. The possession of the defendants over the suit land was unauthorized and without any right, therefore, the plaintiff was entitled to recover the same. Hence, the suit.

(3.) The suit was resisted and contested by the defendants by filing written statement, wherein preliminary objections regarding maintainability, limitation, non-joinder of necessary parties, cause of action, estoppel and valuation were raised. On merits, it was averred that the suit land was owned and possessed by one Sh. Mansa Ram, who had constructed 'KACHA' small room on a portion thereof and thereafter sold it to Sh. Parma Nand, father of the defendants, for a consideration of Rs.5600/-. The father of the defendants was in possession of the suit land and he had also constructed two wooden kiosks over the vacant land and acquired the title to the suit land by way of adverse possession.