DAYA SINGH Vs. GITA RAM AND ORS

JUDGEMENT

(1.) Plaintiff/Appellant by way of this regular second appeal has challenged the judgment and decree dated 15.1.1985, passed by the learned courts below dismissing the suit filed by the Plaintiff/Appellant for possession.

(2.) Pleaded case of the Plaintiff/Appellant was that he was owner of the suit land, and the Defendants were in unauthorised possession, forcibly and illegally.

(3.) The suit was contested by the Defendant-Respondents by pleading therein that predecessor-in-interest of the Plaintiff/Appellant had filed an application for partition of land, including the suit land before Assistant Collector First Grade, Narwana. In the said application it was ordered that the predecessor-in-interest of the Plaintiff should move the civil court to prove their title to the suit land. No suit was filed and therefore, the Defendant/Respondents became owners of the suit land by way of adverse possession, as their possession was open and hostile for the last more than 20 years.