PREM CHAND Vs. LASHKARI RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 23.6.2012 passed by the Additional District Judge, Fast Track Court, Hamirpur in Civil Appeal No. 43 of 2011.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that appellant-plaintiff (hereinafter referred to as "plaintiff" for convenience sake) filed a suit against the respondent-defendant to the effect that he is owner of the land comprised in Khata No. 114 min, Khatauni No.122 min, bearing Khasra No. 3686/3218 measuring 2 kanals 16 marlas situated in Tikka Patnaun, Mouza Lagwalti, Tehsil and District Hamirpur by virtue of adverse possession by efflux of time of more than 12 years since 1975. According to him, revenue entries showing the defendant as owner of the suit land are wrong, illegal, null and void ab initio. Possession of the plaintiff over the land is open, peaceful, continuous and hostile to the knowledge of the defendant. It is in these circumstances, plaintiff has filed suit for declaration that he is owner in possession of the suit land by way of adverse possession and to restrain the defendant from causing interference over the suit land.

(3.) Suit was contested by the defendant. Defendant has denied the ownership and possession of the plaintiff over the suit land. According to him, the suit land was coming in his ownership and possession from the time it was allotted to him under H.P. Village Common Land Vesting and Utilization Act, 1975.