SHERU Vs. ZANNAT

JUDGEMENT

(1.) The defendants are the appellants, who successfully proved their adverse possession over the suit land before the learned trial court, however said findings were reversed by the learned first appellate court constraining them to file the instant appeal.

(2.) The parties shall be referred to as the "plaintiffs" and the "defendants".

(3.) Brief facts giving rise to the instant case are that the plaintiffs and defendants No. 1 and 2 had been recorded as joint owners in possession of the suit land in two villages, Surajpur and Damowala in Tehsil Kasauli, District Solan. The plaintiffs, who had been residing in Kalka (Haryana) since their childhood, in the year 1986 applied to the Tehsildar Kasauli for partition of their shares in the suit land. The defendants No. 1 and 2 resisted the claim of the plaintiffs by raising question of title by setting up their ownership in the suit land on the basis of ouster, which objection was overruled by the Tehsildar, Kasauli. However, in appeal, the Sub Divisional Collector also refused their claim. Thereafter, in further appeal before the Divisional Commissioner, the plea of the defendants was accepted as the plaintiffs were found out of possession and they were thereafter directed to get the question of title raised by the defendants decided by the civil court. It was against the order of Divisional Commissioner, the plaintiffs filed the suit that they along with defendants were co-owners in possession of the suit land and the order passed by the Divisional Commissioner is without application of mind being wrong, illegal and contrary to the factum on spot. The plaintiffs prayed for decree of injunction against the defendants restraining them from interfering in their possession.