SHER SINGH Vs. MULLU

JUDGEMENT

(1.) THIS appeal by appellants/LRs. of plaintiff -Prithvi Singh is directed against the judgment and decree dated 12/3/2004 in Civil Appeal No. 7 -A/2001 confirming the judgment and decree dated 28/6/1996 in Civil Suit No. 128 -A/1991. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) FACTS necessary for disposal of this appeal are in narrow compass. Plaintiff by way of plaint has inter alia contended that over the suit land admeasuring 1.60 hectare falling in Khasra No. 58 situated in village Agora possession of Durag Singh, father of plaintiff -Prithvi Singh, has been continuous, uninterrupted and peaceful for last 60 years to the knowledge of the defendants. Partition amongst father of plaintiff and his brothers have also been effected 27 years ago and the suit land has fallen in the share of plaintiff as his ancestral property, however, due to inadvertence name of defendants has been recorded in the revenue record. Another plea has also been taken that plaintiff has acquired title by adverse possession by virtue of being in continuous, uninterrupted and peaceful possession over the suit land.

(3.) DEFENDANTS filed written statement and denied plaint allegations inter alia contending that the suit property is not an ancestral property of plaintiff. Plaintiff has never been in possession over the suit land and, therefore, he has not acquired title over the suit land by adverse possession, as claimed. In fact the suit land is of Lakhua, who has one daughter and after her death, he has bequeathed his all movable and immovable properties by a Will dated 9/9/1991 in favour of defendants No. 3 and 4 and on their behalf, their father and grandfather are cultivating the land. With the aforesaid pleadings, suit was prayed to be dismissed.