- (1.) THIS judgment shall dispose of two appeals i.e.RSA Nos.2013 and 2014 of 1985, as the same have arisen out of common judgment and decree of the trial Court passed in two civil suits i.e. Civil Suit No.123 of 15.6.1981and Civil Suit No.435 of 29.8.1981. However, the facts have been noticed from RSA Nos.2013 of 1985.
(2.) PIRIA and others filed Civil Suit No.435 of 29.8.1981 with the averments that they were owners of the land comprised in Killa No.149 (3 Marlas) situated in Village Basirpur upto the year 1975, as per the jamabandi for the year 1978 -79. Defendants, namely, Laxmi Narain and others were owners in possession of land comprised in khasra No.18/25/2 min (1 Kanal). In the year 1975 -76, on account of mutual exchange of these parcels of lands between the parties, plaintiffs Piria and others occupied the land comprised in Khasra No.18/25/2 and the defendants i.e. Laxmi Narain and others occupied land comprised in Killa No.149. Defendants raised construction in Killa no.149. Piria and others further averred in the plaint that since defendants Laxmi Narain and others have disowned the exchange, therefore, they are even prepared to give up their possession of khasra No.18/25/2 provided the defendants give up their possession on Killa No.149 (3 marlas) and thus, the plaintiffs Piria and others sought possession in respect of Killa No.149 and mandatory injunction for demolition of the construction raised on the said land and prohibitory injunction against the defendants. Alternatively, they claimed a decree for declaration to the effect that they are owners of the land comprising in Rectangle No.18, Killa No.25/2 min (1 Killa). They also sought injunction restraining the defendants from interfering in the possession of the suit land.
(3.) DEFENDANTS Laxmi Narain and others contested the suit alleging that they were owners in possession of land comprising in Killa No.149 and they were also owners in possession of 18/25/2 min. They denied the plea and factum of exchange. They stated that their old house exists in khasra No.149 and therefore, they have become owners of the same by way of adverse possession. At this stage, it may also be noticed that Laxmi Narain and others also filed a suit bearing Civil Suit No.123 dated 15.6.1981 for a decree for declaration to the effect that they along defendant no.4 Hari Singh were owners in possession of land comprised in rectangle and Killa no.18/25/2 measuring 1 kanal and that the revenue entries showing possession of the defendants in the suit land by way of exchange are against the facts and not binding upon the rights of the plaintiffs and further, seeking permanent injunction restraining defendants from interfering in their possession, further averring that the defendants in collusion with the Patwari Halqa, got their cultivation entered in the suit land by way of exchange with khasra no.149, whereas they were owners in possession of khasra no.149. They asked the defendants several times to get the revenue record corrected, but they did not oblige and hence the suit.;