MAHAVIR SINGH RATHORE Vs. JASBIR SINGH

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellants/defendants under Section 100 of the CPC against the impugned judgment and decree passed by the first appellate Court affirming the judgment and decree by which trial Court decreed the suit of the plaintiffs.

(2.) Mr. Prakash Tiwari, learned counsel for the appellants/defendants would submit that both the Courts below have concurrently erred in holding that defendants have not perfected their title over the suit property by way of adverse possession and thereby, committed illegality in decreeing the suit of the plaintiffs by recording a finding which is perverse and contrary to the record, as such, the second appeal deserves to be admitted for hearing by formulating substantial question of law for determination.

(3.) The two plaintiffs namely Jasbir Singh and Devendra Singh, being minors, filed a suit for possession and permanent injunction through their guardian mother Jahurabai stating inter alia that they purchased the suit property through their mother from one Manoharlal by registered sale deed dated 02/08/1978 (Ex. P/2) and thereby, came in possession of the said suit property on which they continued to remain in cultivating possession till 18/08/1991 when defendants forcibly entered into the suit property and destroyed the crops sown therein and threatened to kill plaintiffs' mother Jahurabai ultimately, dispossessed the plaintiffs from the suit property, as such, plaintiffs are entitled for decree for recovery of possession and permanent injunction.