STATE OF H.P. Vs. ANANT RAM

JUDGEMENT

(1.) This is a regular second appeal filed by the appellant/defendant under Section 100 of the CPC against the judgment and decree, dated 11.5.1999, passed by the learned District Judge, Bilaspur, H.P., vide which he affirmed the findings of the learned Sub Judge, Bilaspur, H.P., dated 28.12.1990, decreeing the suit of the respondent/plaintiff for declaration and permanent injunction.

(2.) BRIEFLY stated the facts of the case are that respondent Pohlo Ram, hereinafter also referred to as the plaintiff, now represented by his legal representatives respondents No.2 to 11, filed a suit for declaration and permanent injunction as against the appellant/State of H.P., hereinafter also referred to as defendant. It was alleged by the plaintiff that he is owner in possession of the land measuring 7 bigha 15 biswa, situated in village Pehlwana, as detailed in the plaint. The plaintiff alleged that he is in possession of the suit land since June, 1954 openly, peacefully and continuously to the knowledge of the defendant. He alleged that he has become owner by way of adverse possession in October, 1984 after the lapse of 30 years, hence the suit for declaration and permanent injunction filed by him.

(3.) ON the pleadings of the parties, the following issues were settled by the learned trial Court: 1. Whether the plaintiff is owner in possession by way of adverse possession, as alleged? OPP 2. Whether the plaintiff is entitled for the relief of permanent injunction as alleged? OPP 3. Whether the present suit is not maintainable? OPD 4. Whether the plaintiff has no locus standi? OPD 5. Whether the plaintiff is estopped from filing the present suit by his act, conduct and deed? OPD 6. Whether the suit is time barred? OPD 7. Relief. -