SOMNATH MULJIBHAI NAYAK Vs. VASANTIBEN PRAHLADJI NAYAK

JUDGEMENT

(1.) This is defendants' Second appeal.

(2.) The plaintiffs-respondents filed a Suit for declaration that they are owner of the land in dispute and for recovery of possession of the same from defendants and also for permanent injunction restraining the defendants from interfering with their possession over the disputed land. Four houses were owned by the husband of the plaintiff No. 1. He died about 1-1/2 years before. The houses fell down.and only site of the house was available. Plaintiffs claimed that the said property was in possession of the husband of the plaintiff No. 1 and after his death all the plaintiffs, being heirs of the deceased, came in possession of the suit property. The defendants and some other persons of Nayak community tried to persuade the plaintiffs to donate the land for the use of the community, but due to weak financial conditions they could not do so. The defendants then tried to bring undue pressure on them and taking advantage of the fact that the plaintiffs were residing at Ahmedabad, the defendants started constructing wall on the eastern and northern boundry of the land in Suit. Accordingly, Suit for declaration, possession and injunction was filed.

(3.) The Suit was contested on the ground that it is barred by limitation, adverse possession and non-joinder of necessary parties, and also for non-compliance of order: 1, Rule : 8 CPC. The defendants also asserted their possession over the land in suit for more than 20 years and also asserted acquisition of title by adverse possession.