NARATRU Vs. PREM LALAND ORS.

JUDGEMENT

(1.) Having regard to the nature of order proposed to be passed in the instant case, there appears to be no necessity to give detailed narration of the facts save and except that appellant-plaintiff (hereinafter referred to as "the plaintiff") filed suit for possession on the basis of title in the court of learned Civil Judge (Sr. Div.) Sundernagar, District Mandi, H.P., i.e. CS No. 195 of 1999, averring therein that he is owner in possession of the house situated over the land comprised in khata Khatauni No. 72 min/103 min, khasra No. 1100, measuring 25-00 sqmts., situated in Muhal Rupa/26/1, Tehsil Sundernagar, District Mandi (in short "the suit property"). Plaintiff claimed before the court below that he alongwith his brother Pohlo i.e. predecessor-in-interest of respondent- defendant was joint owner in possession of their property situate in Mauja Ropa, Sundernagar, District Mandi, but same was subsequently, Whether reporters of the Local papers are allowed to see the judgment? partitioned inter-se them by the revenue agency of way of regular partition. Plaintiff also claimed that partition effected by the revenue agency was further given effect to by attestation of mutation in his favour. Plaintiff claimed that in the partition, suit property came to his share and he took possession of the same.

(2.) Defendant refuted the aforesaid claim of the plaintiff and claimed that suit property remained in exclusive possession of Pohlo Ram i.e. their predecessor-in-interest, for more than 50 years and initially, Pohlo Ram had constructed cow-shed over the suit property in the year, 1983- 84 and thereafter also constructed two rooms. Defendant while refuting the revenue record placed on record by the plaintiff claimed that Assistant Collector, 2nd Grade, had no power and jurisdiction to partition the suit property and as such, order passed by him is not binding upon them being null and void. Defendants also claimed that they have become owner of the property by way of adverse possession.

(3.) Learned trial court on the basis of evidence led on record by the respective parties dismissed the suit of the plaintiff vide judgment dated 7.7.2005.