HARI RAM Vs. HIMMAT SINGH AND ORS.

JUDGEMENT

(1.) THE Defendant/Appellant has come up in appeal aggrieved by the judgments and decrees of the Courts below granting a declaration to the Plaintiff/ Respondent as to his title over the suit property and restraining the Defendant/ Appellant From causing any interference therewith.

(2.) THE suit property consists of one Bigha and one Biswa area of Survey No. 165, situated at village Tewari, Tehsil and District Vidisha. According to the Plaintiff/Respondent he had been in possession of the suit property continuously for a period over 25 years in denial of the title of the Defendant/Appellant and hence he has perfected his title over the suit property by adverse possession. The suit was filed on 13 -12 -71. All the material averments were denied by the Defendant/Appellant. The Courts below have held the plea taken by the Plaintiff/Respondent proved.

(3.) THE singular question which arises for decision is: