GRAM PANCHAYAT SIDHBARI, TEHSIL KANGRA Vs. SUKH RAM DASS
LAWS(P&H)-1963-4-25
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 08,1963

Gram Panchayat Sidhbari, Tehsil Kangra Appellant
VERSUS
Sukh Ram Dass Respondents

JUDGEMENT

Mahajan, J. - (1.) THIS is an appellant by the Gram Panchayat of Sidhari, tehsil and District Kangra.(sic) panchayat brought a suit for possession of land measuring 53 (sic) Marlas learning Khasra Nos. 78, 616/20 to 23, 191 and 24 in Kha (sic) No. 118 of the Jama -bandi of 1952 -53 situate in Tika Bahgani, (sic) Sidh Bari, tehsil Kangra. It was further prayed that the possession be delivered by demolition of houses consisting of Tea Kothi, a single one -storeyed residential house, one cattle -shed, two barracks, one quarter and one motor -shed. The only Defendant in the case is Sukhram Das proprietor of Tea Estate, Sidh Bari.
(2.) THE Defendant contested the suit on the following grounds: - 1. that the land in dispute was solely owned and possessed by him ; 2. that the allegation of the Plaintiff that the Defendant was in possession of the land as cosharer without any right was denied ; That Mr. Turner had been in possession of the land in dispute as an owner in adverse possession for more than 12 years before sale, That is, from the year 1912 to 1931; and alter 1931 the Defendant and his other co -sharers had been in possession as owners in adverse possession and have become the sole owners of the land in dispute ;
(3.) THAT the entries in the revenue records showing the Defendant or other co -sharers as tenants were mere paper entries and were of no consequence ;;


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