KARTAR SINGH Vs. DAN SINGH

JUDGEMENT

(1.) APPLICATION is allowed subject to all just exceptions.

(2.) THIS is plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby his suit for declaration to the effect that decree dated 28.2.2003 passed in case No.843 of 1997 was illegal null and void with consequential relief of permanent injunction, was dismissed.

(3.) AS per the averments, plaintiff -appellant Kartar Singh filed the present suit claiming himself to be the owner in possession of the suit property on the basis of adverse possession. It was pleaded that the plaintiff was in possession of the suit property since the year 1970 and his possession was open, uninterrupted, hostile and peaceful and he had become owner of the suit land on the basis of adverse possession. It was further pleaded that the judgment and decree passed in Civil Suit No.843 of 1997 titled as Dan Singh v. Kamlesh etc. dated 28.2.2003 was illegal, null and void and was not binding upon the rights of the plaintiff as he was not the party in that suit. The plaintiff asked the defendant not to interfere in his possession but of no use. Hence the present suit.