AMAR SINGH (DEAD) Vs. BHOJRAM

JUDGEMENT

(1.) This is defendants' second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short 'the CPC') against the judgment and decree dated 5.9.1998 passed by the 2nd Additional District Judge, Baloda Bazaar, affirming the judgment and decree dated 6.10.1986/10.10.196 passed by Civil Judge, Class-2, Baloda Bazar in Civil Suit No. 41-A/1982. Facts in brief necessary for disposal of this appeal are as under;

(2.) This Court, vide order dated 09.08.99 admitted this appeal on the following substantial questions of law:

(3.) Shri Rajeev Shrivastava with Shri Malay Shrivastava, learned counsel for the appellants, by placing reliance upon the judgments of the Supreme Court in the case of Balkrishan Vs. Satyaprakash and others, 2001 2 SCC 498 and P.T. Munichikkanna Reddy and others Vs. Revamma and others, 2007 6 SCC 59 and by referring the evidence of P.W. 1 Bhojram paras-4, 7 and 8 and para-2 of P.W. 3 Parasram, would submit: the defendant Amarsingh was in exclusive possession of the suit property and this fact was also in the knowledge of the plaintiff, and therefore, the Courts below have committed a legal error in holding that the defendants have not prescribed title by adverse possession.