PHOOLCHAND Vs. SHANKERLAL

JUDGEMENT

(1.) The appellants are assailing the judgment and decree passed by Ist Addl. District Judge, Ratlam in the matter of Civil Appeal No. 6-A/79.

(2.) Shri Amarsingh learned counsel appearing for the appellants submitted that the learned Ist Appellate Court committed the error of law when the matter was revolving on two points :

(3.) For substantiating his contention Shri Amarsingh submitted that it is not necessary for the appellants to make out the special pleadings of adverse possession. They were entitled to make such a case from the averments made by Shankerlal Bhat in an application which was submitted before the S.D.O., Alot and in the plaint. So far as second point is concerned, he submitted that as Shankerlal Bhat did not bring the LRs. of Phoolchand on record within time, the said second appeal abated and that shows that they were not diligent in pursuing the cause.