PARMAL SINGH Vs. HALLU

JUDGEMENT

(1.) Short facts involved herein are that plaintiffs/respondents No. 1 and 2 instituted a suit against respondents No. 3, 4, 5 and father of respondents No. 6 and 7 for declaration of title and perpetual injunction on the basis of adverse possession in respect of the suit land comprised in survey No. 512 in area 7 biswa, survey No. 624 in area 5 bigha 7 biswa, and survey No. 625 in area 4 bigha 7 biswa situated in village Didawani, Tahsil Picchore, District Shivpuri (M.P.) with allegations that the plaintiffs occupied the land on 04.02.1959 within the knowledge of the defendants openly and adversely and have been in cultivating possession since then with continuity. Thus, they acquired Bhumiswami Rights by virtue of adverse possession. On 02.07.1985, defendants tried to interfere into the plaintiffs' possession, hence, the suit.

(2.) Defendants denied the claim of the plaintiffs by submitting joint written statement. They stated that the plaintiffs had never been in possession. Khasra entries were disputed as concocted.

(3.) After raising the issues, learned trial judge recorded the evidence. Plaintiffs produced various revenue khasra entries marked as Ex.P/1 to Ex.P/8 and examined himself as PW-1 and one witness, namely, Chaulal as PW-2. Defendants did not produce oral or documentary evidence. Learned trial judge vide his judgment and decree dated 27.09.1989 dismissed the suit on merits. Aggrieved by it, Civil Appeal was preferred which was allowed by the learned lower appellate judge, hence, the present appeal which has been heard on the following substantial question of law: