KANWARPAL Vs. KANAHIYALAL

JUDGEMENT

(1.) THIS appeal has been filed by the defendants against an appellate decree of the earned Addl. Commissioner, Jaipur dated 27. 3. 57 whereby he partly decreed the plaintiff respondent's suit for possession over half the land in Khasra No. 881, the trial court having dismissed the same in full.

(2.) WE have heard the learned counsel appearing for the parties and have examined the record of the case. Kanahiyalal the plaintiff respondent filed a suit in the court of the Assistant C Hector, Bharatpur for conferment of occupancy rights on the land in dispute as well as restoration of possession over the same. It was alleged that the plaintiff and his father had been in cultivatory possession of the land since Svt. 1989 but the defendant got the entries in the Khasra teep made in their name in Svt. 2008 and also forcibly dispossessed the plaintiff respondent from the land in question. The suit was resisted by the appellant defendant on various grounds. The trial court after recording the evidence of the parties dismissed the suit. In appeal the learned Addl. Commissioner observed that from the evidence it was not proved that the plaintiff appellant had been in continuous possession of the land for 12 years or more and therefore he was not entitled to get occupancy rights but as his possession was proved from Svt. 2005 to 2007 he was entitled to get possession over the land from which he was unlawfully dispossessed. Accordingly the lower appellate court dismissed the suit in so far as the conferment of occupancy rights were concerned but decreed the suit about restoration of possession over half the land. Against this decision of the learned Addl Commissioner present appeal has been filed.