JEEWAN LAL SAHU Vs. MST. LALLI BAI

JUDGEMENT

(1.) This appeal is by the defendant, which was admitted by a Bench of this Court on the following substantial question of law :-

(2.) Facts giving rise to filing of the appeal briefly stated are that the plaintiffs filed a suit on the ground that the plaintiffs are owner of land bearing survey No.108S. admeasuring 2.70 acres. It was further pleaded that the land of defendant is situate adjoining to land of the plaintiff. However, on 24.2.1996, the defendant No.1 threatened the plaintiff with dispossession. Accordingly, the plaintiff filed a suit seeking relief of declaration of title and possession.

(3.) The defendant No.1 filed the written statement, in which inter-alia it was pleaded that the plaintiffs have never been in possession of the suit land. It was further pleaded that the suit land forms part of the land bearing survey No.188 and 188/1170, which belongs to the defendant No.1. The defendant No.1 also filed a counter claim seeking the relief of declaration of title on the basis of adverse possession.