ARJUN SINGH Vs. STATE & ORS

JUDGEMENT

(1.) A notice under Section 4 sub Section (1) has been issued to the petitioner based on the challanee report dated 13.06.2000. In the notice thus issued, it has been observed that the petitioner is an unauthorized occupation of the land, lying in khasra No. 297 having an area of 10 nali of a benap land. On this notice, the petitioner filed his reply and in the reply, he has submitted that the land in question for which notice under Section 4 has been issued is a land which adjoins the holding of the petitioner.

(2.) Learned counsel for the petitioner further submits that the petitioner has received the land by way of family partition and further he is in possession over the property for the last more than 50-55 years and claims his right by virtue of adverse possession.

(3.) During the course of the proceedings before the Court below, the statement of PW1, PW2 and PW3 were recorded at the behest of the respondents and they invariably submitted that the length of the occupation of the petitioner and his continuance to occupy the land, but none of the statements thus recorded to supported the contention of the learned counsel for the petitioners that he is occupying the land in his own exclusive rights.