TEK RAM Vs. PREHLAD SINGH

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 CPC is to the impugned judgment and decree dated 18.3.2002, and by which judgment and decree, the court below decreed the suit of the respondents/plaintiffs declaring them to be the owners of the property being H.No 5797/XI situated in Basti, New Chandrawal, Near Subzi Mandi, Delhi.

(2.) THE claim for declaration of ownership was on the ground of law of prescription contained in Section 27 of the Limitation Act, 1963, read with Article 65 of the Schedule of the Act on the ground that the respondents/plaintiffs were in open, continuous and hostile possession of the property since 1910 and therefore, were bound to be declared as owners of the property.

(3.) THE relevant issue framed by the trial court in this regard was issue no.2 and with respect to which the relevant observations of the trial court are contained in paras 13 to 15 of the impugned judgment which read as under:-