DILLIPRASAD Vs. RAMDAYAL

JUDGEMENT

(1.) THIS is plaintiff's second appeal under section 100, Civil Procedure Code. The following substantial question of law was formulated by order dated 7 -12 -1987 at the time of admission of this appeal : Whether in the context of facts and circumstances of the case, the defendant has rightly been held to have perfected his title by adverse possession ?

(2.) IT is not disputed that Khasra No. 52/2 area 1.25 acre of village Palia belongs to plaintiff Dilip Prasad. On the southern side of this field Khasra No. 52/3 area 1.23 acre belongs to defendant Ramdayal who had purchased it in the year 1978 from Daulat Singh. There was an embankment between these two fields.

(3.) THE plaintiff's case is that in the year 1979 he came to know that the defendant had encroached upon 0.50 acre of land of his field Khasra No. 52/2. He got this land demarcated by making an application to the Tehsildar. The Revenue Inspector carried out the demarcation work on 27 -12 -1980 in the presence of the defendant and confirmed that 0.50 acre of land of khasra No. 52/2 is in possession of the defendant.