DILA RAM Vs. JALAM RAM & OTHERS

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and decree dated 13.12.2013, passed by the learned Additional District Judge-(I), Mandi, District Mandi, H.P. (Camp at Karsog), in Civil Appeal No.16/2013, vide which learned Appellate Court while allowing the appeal filed by present respondent No.1, set aside the judgment and decree passed by the Court of learned Civil Judge (Junior Division), Karsog, District Mandi, H.P., in Civil Suit No.19 of 2003/ 22 of 2012, titled as Dila Ram Versus Jalam Ram and others, which suit stood decreed by the learned trial Court in favour of the plaintiff/ present appellant, vide judgment and decree dated 27.12.2012.

(2.) Facts necessary for the adjudication of the present appeal are as under:-

(3.) According to the plaintiff, he was in possession over the suit land since the time of settlement i.e. since the year 1968 and he had perfected his title over the suit land against Jalam Ram, by way of adverse possession and revenue entries reflecting defendant No.1 as owner of the suit land, were liable to be changed. As per the plaintiff, cause of action arose on 1.1.2003, when defendant did not agree for change of ownership of the suit land despite plaintiff asking him repeatedly to do so.