GIRWARLAL CHAUHAN (DEAD) Vs. MAHETTARLAL ALIAS CHANDU (DEAD)

JUDGEMENT

(1.) This is the Plaintiffs Second Appeal filed under Section 100 of the Code of the Civil Procedure, 1908 by questioning the judgement and decree dated 30.4.2011 passed by the Additional District Judge, Sakti,District Janjgir-Champa (CG) in Civil Appeal No. 45-A/2010 by which the lower Appellate Court, while reversing the judgement and decree dated 21.6.2010 passed by the Civil Judge, Class-II, Jailalpur in Civil Suit No. 33-A/2007, has allowed the Defendant's Appeal.

(2.) Briefly stated, the undisputed facts of the case are that the Plaintiff-Girwarlal Chauhan instituted a suit for declaration of title, injunction and possession by submitting, inter Alia, that his mother-Parvathi Bai had purchased the property in question in the year 1960 from one Gourilal for a consideration of Rs. 180/-. It is pleaded further that since the date of its purchase, the Plaintiff is continuously in possession for over more than 150 years and thus has prescribed right, title and interest by way of adverse possession. It is pleaded further that Defendant No. 1 is interfering in his peaceful possession by encroaching the property in question, therefore, the Plaintiff has been constrained in filing the suit in the instant nature, instituted on 4.9.2006.

(3.) The Defendants have contested the aforesaid claim of the Plaintiff by denying specifically that the Plaintiff is in possession for over more than 150 years and has prescribed his right by way of adverse possession. They contested further on the ground that the Plaintiffs mother-Parvathi Bai had never purchased the property in the year 1960. It is contested on the ground that the Defendants themselves are in possession for over more than 29-30 years and are peacefully cultivating the land in question and contested further on the ground that the suit as framed and instituted is barred by time.