SANTOSH HAZARI Vs. PURUSHOTTAM TIWARI

JUDGEMENT

(1.) Leave granted.

(2.) On 4-3-1983, the plaintiff-appellant filed a suit for declaration of title and recovery of possession and issuance of permanent preventive injunction restraining the defendant from interfering with the possession of the plaintiff over the suit property described as khasra No. 41/1 area 1.09 acres (0.441 hectares) situated in Village Patharia, District Damoh. According to the plaintiff, the defendant had illegally dispossessed the plaintiff from his possession over 110 x 80 ft. area of land out of the suit property on 20-8-1981. The defendant in his written statement denied all material averments and in addition submitted that the defendant has been in possession of the suit property since 1940-41, i.e. since the times of his grand father. The suit filed by the plaintiff was alleged to have been barred by limitation in view of the same having been filed more than 12 years after the date of dispossession of the plaintiff. A plea of the defendant having acquired title by adverse possession was also raised in the written statement.

(3.) The trial Court, on an evaluation of oral and documentary evidence adduced by the parties, found that ownership in the suit property vested in the plaintiff and the defendant had forcibly occupied the disputed area of 110 x 80 ft. sometime in the year 1980-81. The defendant's plea of adverse possession was negatived and the suit filed by the plaintiff was held to have been filed within the period of limitation. On these findings the suit was decreed in its entirety.