SURINDER KUMAR & OTHERS Vs. SMT.SUMATI KUMARI

JUDGEMENT

(1.) This appeal has been filed by the appellants- plaintiffs against the judgment and decree dated 23.3.2006, passed by the learned Additional District Judge (Presiding Officer), Fast Track Court, Solan Camp at Nalagarh, District Solan, H.P., affirming the judgment and decree dated 30.03.2005, passed by the learned Civil Judge(Senior Division), Nalagarh, whereby the suit filed by the predecessor-in-interest of the appellants-plaintiffs (hereinafter referred to as the 'plaintiffs') has been dismissed.

(2.) Briefly stated the facts, as emerged from the record, are that appellants-plaintiffs are legal heirs of original plaintiff Kishori Lal, who died during the pendency of the suit. It is averred in the plaint that the suit filed by the predecessor-in-interest of the plaintiffs was for declaration that he had become owner of suit property comprised in Khasra Nos.926, 927, 928, 1058 and 1059, measuring 421.71 sq.mtrs. and plot comprised in Khasra No.1051, measuring 26.25 sq.meters, situated in up-Mohal New Nalagarh by abandonment, alternatively by adverse possession.

(3.) It is averred in the plaint that respondents- defendants (hereinafter referred to as the 'defendants') are the progeny of Nand Karan who might be living in Nalagarh Town and his share might have been devolved in favour of his heirs, if any. It is further averred that Dwarka Dass, Piara Lal and Sukhdev were seen by deceased plaintiff Kishori Lal. They were Gautam Brahmins and predecessor- in-interest of the plaintiffs was also stated to be Gautam Brahmin. The aforesaid Dwarka Dass, Piara Lal and Sukhdev left Nalagarh Town before the partition of the country and settled in Delhi and when left Nalagarh, they handed over the property to predecessor-in-interest of the plaintiffs i.e. Kishori Lal and asked him to construct his house etc. Consequently, predecessor-in-interest of the plaintiffs constructed his house over the suit property by spending huge amount and started living there. But, when after 2-3 years all the aforesaid persons namely; Dwarka Dass, Piara Lal and Sukhdev came back and saw the predecessor-in-interest of the plaintiffs living in the house upon the suit property, which was constructed by him in the year 1951 and which construction was within their knowledge, predecessor-in-interest of the plaintiffs proclaimed himself to be owner in possession of the said property because from 1951 till date neither the aforesaid persons during their life time nor their progeny ever objected the same.