RAJESH SEN Vs. KAMLA SILVESTOR

JUDGEMENT

(1.) This appeal preferred by the defendant (appellant) was admitted on the following substantial question of law: - "Whether the lower appellate Court was not justified in holding that the present appellant is not the owner of the land on the basis of adverse possession" (For the sake of convenience, parties would be referred hereinafter as per their status shown in the plaint before the trial Court.)

(2.) The respondent herein / plaintiff filed a suit stating inter alia that she has purchased the suit land bearing Khasra No.626/16, area 0.005 hectare, by registered sale deed dated 21-4-1992 from the erstwhile owner Dr. Vijay Singh Gupta and came in possession and when the land was demarcated, it was found that the defendant has encroached upon 15 ft. x 7 ft. = 105 sq.ft. of the land unauthorisedly and illegally for which suit for declaration of title and possession was filed in which the defendant setup the plea that he has purchased the said land vide Ex.D-5 from Derharam on a cash consideration of 40,000/- and constructed a house thereon and alternatively, pleaded that he has also perfected his title by way of adverse possession.

(3.) The trial Court dismissed the suit of the plaintiff on appreciation of oral and documentary evidence on record, whereas the first appellate Court decreed the suit finding that the plaintiff has proved her title over the suit land and the defendant has encroached upon 105 sq.ft. of the land held by the plaintiff and negatived the title of the defendant holding that the plea of adverse possession has also not been established against which this second appeal has been preferred by the defendant in which substantial question of law has been formulated which has been set-out in the opening paragraph of this judgment.