MISHRILAL Vs. RATI RAM

JUDGEMENT

(1.) THE appellants defendants have filed this appeal against the judgment and decree passed in Civil Appeal No. 173-A/94 reversing the judgment and decree passed in Civil Suit No. 24-A of 1987, dated 21-3-1989.

(2.) THE appeal was admitted for hearing vide order dated 18-8-2001 on the following substantial question of law:-

(3.) THE plaintiffs filed a suit for declaration and permanent injunction and pleaded that he is the owner of land Survey No. 719 having an area 1. 014 situated at Village Sonera Tehsil Ashok Nagar, hereinafter called the suit land. The land was lying Paddat (without agriculture ). Af the time of Zamindari period in Samvat 2007 his father took the possession of the land and started cultivation and since then his father and after the death of his father plaintiff had been in possession of the suit land. He perfected his title on the basis of adverse possession and defendants tried to dispossess him on 11-7-1979, hence, he filed the suit for injunction and declaration.