LAL CHAND Vs. FARHATULLAH

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 14-7-95 passed by learned Additional Commissioner, Bareilly in Appeal No. 124/1994 arising out of a suit under Section 229-B of the UPZA and LR Act.

(2.) BRIEFLY the facts of the case are that Farhatullah instituted a suit for declaration that he was bhumidhar of the land in question. He pleaded that he continued to be in adverse possession for the last 20 years and had perfected rights. Defendants denied the right and title of the plaintiff. The trial Court framed issues and after pleading of the parties it found that the plaintiff Farhatullah has succeeded in proving the adverse possession for the last 20 years and had acquired rights. It decreed the suit; against which an appeal was filed by Lal Chand which was dismissed by the impugned order. Hence, the present second appeal.

(3.) THE main question for determination involved in the present case whether the plaintiff has been able to prove his adverse possession so as to acquire his rights by prescription of law. The trial Court framed, issues No. 1 and 2 in respect of the point and after considering the material on record found that Farhatullah has acquired rights by being in possession over the land in question for over 20 years. The learned Additional Commissioner considered the material on record and expressed agreement with the findings of the learned trial Court. The defendant could not produce even any witness from the village to substantiate his version. The learned Courts below considered the material on record in a proper judicial manner and arrived at a conclusion. The concurrent findings of fact recorded by the Courts below that the plaintiff has continued to be in adverse possession for over 20 years is based on a consideration of the evidence on record and is not liable to be interfered with in second appeal. Both the Courts below have rightly decreed the suit of the plaintiff and there is no justification to interfere in the judgment passed by the Courts below.