S PIARA SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) THIS civil first appeal is directed against the judgment of the Sub -Judge, Udhampur, dated March 8, 1969, decreeing the plaintiff -respondents suit for possession of land measuring two kanals comprised in Khasra Nos. 1499/1390/294 and a "Kothi" standing thereon situate at Kudh, Tehsil Udhampur.

(2.) IT appears that the respondent brought the aforesaid suit, being suit No. 74 of 1962, averring that he was the owner of the aforesaid piece of land, having purchased the same vide sale deed dated Sawan 25, 1995 (Samvat) registered on Bhadoon 10, 1995 (Samvat): that after purchasing the aforesaid land he built a bungalow thereon consisting of two rooms, a verandah, a kitchen, a bathroom and a store, that in 1956 A. D. the defendant appellant took possession of the aforesaid property in his absence and without his knowledge and added" two rooms thereto and that a notice to restore possession of the suit property was given to the appellant but the same proved to be ineffective.

(3.) THE suit was resisted by the appellant on a number of grounds. He denied that the respondent was the owner of the suit land or that he made any construction thereon. He also denied having received any notice from the respondent and averred that the respondent had never been in possession of the suit property. He further stated that he was a refugee from Poonch and took possession of the suit land in the summer of 1948, and had been in possession thereof since then and had also built a "Kothi" thereon. He further pleaded that the respondent not having been in possession of the suit property within 12 years of the institution of the suit, the same was time barred.