SHASHIKANT AND ANOTHER Vs. KRISHNA @ KRISHAN SINGH

JUDGEMENT

(1.) By way of this appeal, appellants/defendants have challenged the judgment and decree passed by the Court of learned Civil Judge (Sr. Divn.), Jawali, District Kangra, H.P. in Civil Suit No. 230/2003, decided on 17.04.2006, vide which, learned Trial Court decreed the suit filed by the present respondent/plaintiff for possession of suit land, as also the judgment and decree passed by the Court of learned District Judge, Kangra at Dharamshala, District Kangra (HP), in Civil Appeal No. 91-J/XIII/2006, dated 04.08.2008, whereby learned Appellate Court while dismissing the appeal filed by the present appellants/ defendants, upheld the judgment and decree passed by the learned trial Court.

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

(3.) Defendants opposed the suit of the plaintiff on the ground that they were in possession of the suit land since 1952, i.e. since the time of their predecessors and had become owners of the same by way of adverse possession. It was also their case that earlier a civil suit for injunction, i.e. Civil Suit No. 152/2003 was filed by the plaintiff, which was dismissed in Lok Adalat on 18.10.2003, therefore also, subsequent suit was not maintainable. It was also the stand of the defendants that the demarcation, on the basis of which, plaintiff pleaded that defendants were in possession of the suit land was not conducted in accordance with law.