JUDGMENT :

[Satyen Vaidya, J.]

1. Heard.

2. By way of instant Regular Second Appeal, the appellant has sought to assail judgment and decree dated 11.11.2021, passed by learned District Judge, Kangra at Dharamshala, (H.P.) in Civil Appeal (RBT) No. 63- D/XIII/2020/2019 affirming judgment and decree dated 28.11.2018 passed by learned Civil Judge Court No.1, Dharamshala, in Civil Suit No. 268 of 2013, whereby the suit of the respondents/plaintiffs for possession and use and occupation charges, has been decreed.

3. The parties hereinafter shall be referred to by the same status as they held before the learned trial Court. The respondents herein were the plaintiffs and the appellant herein was the defendant.

4. Plaintiffs filed a suit against the defendant claiming possession of partly constructed building (ground floor) comprised in Khata No. 392, Khatauni No. 543, Khasra Nos. 2073/1759/1490, 2065/1485, measuring 308-18 square meters, situated at Mohal Shyam Nagar, Tehsil Dharamshala, District Kangra, H.P. (for short, ‘suit property’). Plaintiffs claimed title of the suit property by way of its purchase from its previous owner Smt. Kiran Kumari vide sale deed dated 22.07.201. The defendant