MOHAMMED YASSIN Vs. RAMIZABI AND ORS.

JUDGEMENT

(1.) Aggrieved by the impugned judgment and order dated 26th February, 2010 passed by the High Court in Second Appeal reversing the decrees passed in favour of the plaintiff by the courts below the present appeals have been lodged by the plaintiff in the suits being O.S. No.760 of 1996 and eviction suit being O.S. No.761 of 1996. The facts in brief are as follows:

(2.) The respondents in the two appeals before us as plaintiff Nos.5 and 6, along with four others, had instituted a suit [O.S. No.295 of 1981] against the appellant and other co-owners for declaration of title and injunction on the basis of adverse possession. The suit was dismissed by the learned trial Court on 1st October, 1982 and the said decree of dismissal was affirmed by the First Appellate Court on 30th March, 1984. The aforesaid judgment has attained finality in law inasmuch as it was not put to any further challenge. The dismissal of the suit in question i.e. O.S. No.295 of 1981 was founded on the principal basis that the plaintiffs therein (respondents in the present appeals) could not establish that they had acquired title by continuous possession which was adverse in character.

(3.) Thereafter, the present appellant, as the plaintiff, instituted a suit i.e. O.S. No.551 of 1983 for eviction of four of the plaintiffs who had filed O.S. No.295 of 1981. The said suit was decreed and the said decree was confirmed by the High Court in Second Appeal No.1854 of 1991. Pursuant to the said decree the appellant had taken possession of the suit property.