C.L.VERMA, j. - (1.) THIS second appeal has been filed by Heera Lal against the judgment and decree dated 6-7-92 passed by learned Additional Commissioner, Jhansi Division, Jhansi in Appeal No. 24/23 of 1990-91/Hamirpur. By the impugned order the learned Additional Commissioner allowed the appeal, set aside the order of the trial Court and dismissed the suit of the plaintiff.
(2.) I have heard the learned Counsel for the parties and perused the record carefully. In the present case the main controversy involved was whether the possession of Chandra Shekhar, defendant respondent continued for over the statutory period so as to confer rights upon him on the basis of adverse possession or whether the plaintiff's right to evict him subsisted in law. The trial Court found in favour of the plaintiffs, but the learned Additional Commissioner has given valid reasons for recording a decree in favour of the defendants. The defendant had adduced evidence to prove his continuous possession for over 12 years. He produced irrigation Khasras for several years and also brought Record Munshi of irrigation department in the witness box who brought relevant registers with him. The record Munshi stated that irrigation Khasras for several years had been weeded out and that he had brought only those records which were available in the office and the learned Additional Commissioner took note of this important aspect of the matter and believed the version of the defendant. The learned Additional Commissioner after considering the material on record found that the defendant had continued to be in possession for over statutory period of 12 years and had matured rights and that the rights of the plaintiffs to evict him has ceased to exist.
(3.) AFTER a careful perusal of the material on record I am inclined to agree with the view taken by the Court of first appeal. The learned trial Court was not justified in decreeing the suit of the plaintiff which deserved to be dismissed. The order of the learned Additional Commissioner is correct and deserved to be maintained.;