KISHANLAL Vs. JAINARAYAN

JUDGEMENT

(1.) DEFENDANTS of C.S. No. 169-A/79 are the appellants of this second appeal filed under section 100 of CP. Code. It is against the judgment/decree dated 16.11.1983, passed by IInd Additional District Judge, Camp Agar (Shajapur), in C.A. No. 45-A/83, which arose out of aforementioned civil suit (169-A/79) decided by IInd C.J. Class 2, Susner on 30.7.1983. Facts of the appeal lie in a narrow compass. They are as follows. This appeal was admitted for final hearing on following substantial question of law : "Whether in the facts and circumstances of the case, the learned lower appellate Court has committed an error of law in holding that the plaintiff has acquired bhumiswami rights by adverse possession over the suit land which is admittedly not a cultivable land?

(2.) PLAINTIFFS (respondents herein) filed a suit out of which this appeal arises against the defendants (appellants) for permanent injunction. In substance, the claim of plaintiffs was based on adverse possession. It was alleged in the plaint that since 1951, plaintiffs are in possession of suit land (open). Earlier their father Devilal was in possession and on his death, plaintiffs, being Devilal's legal representatives, came in possession and continued to be so as against the defendants who lost their ownership by they being in hostile possession. It is on this assertion, the plaintiffs claimed a relief for permanent injunction restraining defendants from interfering in plaintiffs possession over the suit land.

(3.) THE trial Court dismissed the suit but in appeal filed by plaintiffs, the lower appellate Court, by impugned judgment/decree, decreed the suit and granted injunction. It is against this judgment/decree, the defendants have felt aggrieved and filed this appeal which as stated supra, was admitted on above-noted substantial question of law.