ISHWER SINGH Vs. JANAK SINGH

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 13-3- 2008 passed by 12th Additional District Judge (FTC), Durg (CG) in Civil Suit No. 35-A/2007 wherein the said court decreed the suit filed by the original respondents namely Janak Singh, Manrakhan Singh and Chhotu Singh and declared their title in the land bearing Khasra No. 106, 209, 333, 459, 608, 670, 675 area 5.53 acres, 0.07 acres, 0.22 acres, 0.11 acres, 0.61 acres 0.03 acres and 0.13 acres total area 6.70 acres situated at village Agar on the basis of adverse possession.

(2.) The facts, in brief, are that the appellants (respondents herein) Janak Singh, Manrakhan Singh and Chhotu Singh are real brothers and admittedly they are owners of the property in question. The suit is filed on the ground that the appellant relinquished his right on the basis of document (Ex.P/4) and received Rs.56,000.00 on 9/1/1995, therefore, Janak Singh, Manrakhan Singh and Chhotu Singh acquired the title by adverse possession when suit is filed on 11/4/2007. The trial court after evaluating the oral and documentary evidence recorded finding that above three persons acquired title on the basis of adverse possession.

(3.) Learned counsel for the appellant would submit as under: