RAMDULARE SINGH Vs. NAWAL SINGH

JUDGEMENT

(1.) This second appeal preferred by the appellant/defendant was admitted for hearing on the following substantial question of law :-­ "Whether both the Courts below are justified in granting the decree of declaration of title and permanent injunction on the basis of adverse possession in favour of the plaintiff by recording a finding which is perverse to the record ?"

(2.) Suit land bearing Khasra No. 381 area 1.76 acres was originally owned by the defendant Ramdulare Singh. Original plaintiff - Jhaduram initially filed a civil suit for declaration of title and permanent injunction but subsequently, also sought for the relief of correction of sale deed (Ex. P/13) stating inter alia that he purchased the suit land from the defendant vide registered sale deed dated 31/03/1977 (Ex. P/13) on payment of cash consideration of Rs. 2,000/-­ and thereby, he came into possession of the said suit land which he has been cultivating ever since and has also been paying property tax and water tax, however, on 17/06/1991, Jhaduram requested one Teejram to cultivate the suit land, but Teejram was stopped by Golan Singh and Jai Singh and subsequently, plaintiff inquired from the patwari, then only, he came to know that instead of Khasra No. 381 area 1.76 acres, defendant has mentioned the land bearing Khasra No. 967/2 area 1.52 acres and Khasra No. 1010 area 0.40 decimal in the sale deed dated 31/03/1977 (Ex. P/13) which he has executed in plaintiff's favour and when he inquired, he also found out that Khasra No. 967/2 area 1.52 acres and Khasra No. 1010 area 0.40 decimal is in possession of one Foolsai. Immediately thereafter, plaintiff requested the defendant for correction of the sale deed (Ex. P/13), but the defendant denied stating that he has alienated the land mentioned in the sale deed itself in favour of the plaintiff. It was further pleaded that original plaintiff - Jhaduram has been in possession of the suit land since 1977 i.e. for 15 years and after his death, his son -­ Nawal Singh i.e. the present plaintiff has been in possession of the suit land, as such, he has perfected his title over the suit land by way of adverse possession, therefore, he is entitled for decree for declaration of title on the basis of adverse possession, permanent injunction and additional relief of correction of sale deed (Ex. P/13) as claimed by him.

(3.) Defendant filed his written statement and set up a plea that he has, in fact, sold the land bearing Khasra No. 967/2 area 1.52 acres and Khasra No. 1010 area 0.40 decimal to the plaintiff and not sold Khasra No. 381 area 1.76 acres as claimed by him.