GANPAT SINGH Vs. SHER BAHADUR SINGH

JUDGEMENT

(1.) THIS appeal arises out of a suit filed by the appellant for declaration of his title with regard to the property in dispute and for permanent injunction to restrain the defendants from interfering with the possession of the plaintiffs. The plaintiffs claimed title to the property and maintained that they were in possession thereof. The defendants denied the averments made by the plaintiffs and asserted that the plaintiffs were neither the owners of the property in question nor were they in possession thereof. They set up their own possession over the property. They also pleaded that they had perfected their title by remaining in adverse possession thereof. The trial court on a consideration of the evidence found that the plaintiffs were the owners of the property in question but found that they were not in possession. In view of the same, the trial court also repelled the contention of the defendants that they had perfected their title by adverse possession. On these findings, the suit was dismissed.

(2.) THE plaintiff Ganpat Singh filed an appeal against that decision in the court of the District Judge. THE appeal was heard by II Temporary Civil and Sessions Judge, Pratapgarh who dismissed it. THE plaintiff Ganpat Singh has now come to this Court on second appeal.

(3.) THE appeal is accordingly allowed and the decree passed by the appellate court below is set aside. THE case is remanded to the appellate court below. THE appellant shall amend the plaint within ten days from the date of this order and thereafter the defendants shall file their additional written statement by 4th Nov., 1977. THE additional written statement shall be filed by the defendants before the appellate court below by the aforesaid date. THE appellate court below shall thereafter frame the necessary issues, if any, and the parties shall be at liberty to adduce additional evidence on the additional issue or issues so framed. THE appellate court below shall re-hear the appeal and decide it in accordance with law on the basis of the evidence already on the record and such other evidence as may be produced hereinafter by the parties. It is, however, made clear that the finding with regard to the question of ownership shall not be disturbed. Similarly, the finding on the issue of adverse possession shall also not be disturbed. THE parties shall bear their own costs in this court.