HARI CHARAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgment and decree dated 19.2.1985 passed by the District Judge, Bhiwani (hereinafter described as 'the first appellate Court') whereby the appeal of the Defendant-Respondent was accepted, the judgment & decree dated 1.4.1983 of the Senior Sub Judge, Bhiwani (referred to hereinafter as 'the trial Court') were set aside and the suit of the Plaintiffs-Appellants was dismissed The Plaintiffs-Appellants had averred that the Defendant-Respondent, State of Haryana, had usurped their land about six years back. The suit was filed in the year 1981.

(2.) The Defendant, apart from taking several pleas, pleaded that the suit was barred by limitation and that a road had been constructed on the land in question for the benefit of the public and that the Plaintiffs could not now seek possession thereof. It was further pleaded that the land in dispute was in possession of the State for the last about sixteen years and, therefore, the same had ripened into ownership by way of adverse possession.

(3.) The trial Court framed as many as fourteen issues on the pleadings of the parties including those of limitation and res judicata. After appraisal of entire evidence on record, the trial Court decreed the suit, but in appeal the first appellate Court reversed its findings and while doing so, it concluded that the Defendant-Respondent had become owner of the suit land by way of adverse possession. It has resulted in the filing of the instant appeal by the Plaintiffs.