KISHAN Vs. MOTILAL

JUDGEMENT

(1.) DEFENDANT has come up in second appeal under section 100 of CP. Code against the judgment and decree, dated 14.8.1984, passed by learned Additional District Judge, Rajgarh, in C.A. No. 33-A of 1982, which in turn arises out of Civil Suit No. 5-A of 1976, decided by Civil Judge, Class I, Rajgarh, on 30.8.1980. It was admitted for final hearing on following substantial question of law - ' 'Whether, on the facts and in the circumstances of the case, the Court below has erred in holding that the defendants have not acquired rights of Bhumiswami by adverse possession?"

(2.) HEARD Shri S.B. Shrungarpure, learned counsel for the appellants and Shri N.P. Sharma, learned counsel for the respondents.

(3.) IN my view no declaration can be granted in favour of defendant of he perfecting his title by adverse possession in respect of three Khasras are concerned. This Court is not concerned with the declaration so granted in defendant's favour in respect of one Khasra because plaintiff has not come up in second appeal against that finding. It is, therefore, not possible for this Court to examine this finding in an appeal filed by the defendants.