KABEL SINGH Vs. MANDIR THAKUR DWARA
LAWS(HPH)-1997-4-28
HIGH COURT OF HIMACHAL PRADESH
Decided on April 04,1997

KABEL SINGH Appellant
VERSUS
MANDIR THAKUR DWARA Respondents

JUDGEMENT

P.K.PALLI, J. - (1.)The plaintiffs having lost in both the Courts below is in second appeal before this Court. Parties hereinafter in the judgment shall be referred to as the "plaintiffs" and the "defendant."
(2.)The plaintiffs claimed a decree for declaration to the effect that they are the owners of the suit land comprising Khasra No. 103 min measuring 5 Bighas and 5 Biswas on the basis of sale deeds dated 6 -5 -1963 and 19 -6 -1963. Alternatively, the declaration was sought that they have become owner by way of adverse possession in case the sale deeds are held to be illegal and invalid. Consequential relief by way of permanent injunction is also claimed restraing the defendant -Mandir Thakur Dwarn, Paonta Sahib from selling the suit land through public auction and dispossessing the plaintiff illegally and forcibly.
(3.)The learned trial court on appreciation of the material placed on record by the parties found that the plaintiffs are not the owners of the suit land nor the same was purchased by them through the alleged agreements. It was also found that they are not able to establish that they have become the owners by way of adverse possession. The revenue entries projecting the plaintiffs as mortgagees or as non -occupancy tenants have been held to be illegal and the plaintiff have been found entitled to no relief by the Court. The appeal filed by the plaintiffs stands dismissed by the learned first appellate Court.


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