KRISHNA DNYANU LOHAR Vs. ASHOK TATOBA KHAMBE

JUDGEMENT

(1.) THE substantial question of law involved in the Appeal is whether the respondents can become owners of the City Survey No.3052 (Municipal Committee No.1433B and C) at Islampur or not by adverse possession. The trial Court held that the respondents cannot become owners by adverse possession. The said finding came to be reversed by the Appellate Court.

(2.) THE appellate are owners of City Survey No.3052. The respondents are the owners of adjoining City Survey No.3052. The appellants filed the suit claiming possession of 55' x 25' (18 khans) from City Survey No.3052 on the ground that the respondents have encroached upon the same. The respondents first contended that their father had purchased that land under sale deed dated 20.4.1934, but the same has been negatived by both the Courts. The respondents alternatively contended that they have become owners by adverse possession.

(3.) THE respondents relied upon two factors to prove their adverse possession - (1) the averments made in the plaint in Suit No.61 of 1995 filed by the appellant No.1 and his brothers. The averments showed that a notice was given by the appellant No.1 to the respondent's father not to interfere with their possession but the respondent's father replied on 2.12.1954 denying their possession and claiming ownership in respect of the said land i.e. CTS No.3052 and contended that the appellants have no right whatsoever in respect of the same. (2) In 1942, the City Survey was conducted and respondent's father was found in wrongful possession. If only these factors have been there, perhaps it was possible for the respondents to contend that the possession was adverse and they have become owners of the suit property adverse possession.