MANGA AND ORS Vs. GIAN MOHD AND ORS

JUDGEMENT

(1.) This is second appeal by plaintiffs, who have been unsuccessful in both the courts below.

(2.) Plaintiffs filed suit seeking declaration that they have become owners of the suit land by adverse possession. The plaintiffs alleged that predecessors of the defendants, who were owners in possession of the disputed share in the suit land, mortgaged the same in favour of one Dhajja. Plaintiffs' predecessors got the said mortgage redeemed on 15.05.1956 and therefore, defendants' predecessors were left with no right, title or interest in any part of the suit land. It was also pleaded that defendants' predecessors tried to take possession of the suit land forcibly on 15.05.1975, but they were thrown out of the suit land and since then, the possession of the plaintiffs over the suit land was adverse, open and hostile and therefore, plaintiffs have become owners of the suit land by adverse possession.

(3.) The defendants admitted that their predecessors had mortgaged the suit land and the same was got redeemed by predecessors of the plaintiffs. However, other averments of the plaintiffs were controverted. It was pleaded that defendants along with plaintiffs are co-sharers in joint possession of the suit land. The plaintiffs used to give chakota (rent) to the defendants regarding their share in the suit land.