GURDEV SINGH Vs. GURBAX SINGH

JUDGEMENT

(1.) For reasons mentioned in the application which is accompanied by affidavit, delay of two days in filing the appeal is condoned.

(2.) This is second appeal by plaintiff Gurdev Singh who has been unsuccessful in both the courts below.

(3.) Plaintiff filed suit seeking declaration that he has become owner in possession of the suit property by adverse possession alleging that the plaintiff is in adverse possession of the suit property since 15.5.1973 and has constructed his house there without any objection from defendant No. 1 who was previous owner thereof. The plaintiff also sought permanent injunction restraining the defendants from dispossessing the plaintiff from the suit property and from interfering in his possession thereon in any manner. It was alleged that defendant No. 2 claims to have purchased the suit property from defendant No. 1 and threatened to dispossess the plaintiff therefrom.