SARDARA SINGH Vs. LILA WATI

JUDGEMENT

(1.) Respondent Nos. 1 to 6, i.e., Mst. Lila Wati and her minor children instituted a suit on September 11, 1962 against Sardara Singh appellant and his son Bachan Singh respondent No. 7. and two others, for possession of the land in suit comprised in Khasra No. 81/20, situate in Patti Knatrian, Pehowa, district Karnal, on the allegation that the land belonged to them and the defendants had illegally put up some structures on it. The suit was resisted by the appellant and his son (hereinafter collectively referred to as the defendants). It was pleaded by them, inter alia that the suit was barred by time, that the defendants had considered themselves as the owners of the land from the very beginning, and that even if it was found the plaintiffs and not the defendants were the owners, the plaintiffs were not entitled to succeed as the defendants had become owners by adverse possession of the property for more than twelve years prior to the institution of the suit. From the pleadings of the parties, the trial Court framed the following five issues :-

(2.) Not satisfied with the decree of the lower appellate Court the plaintiffs, preferred Regular Appeal No. 260 of 1965, in this Court. When the appeal came up for hearing before a learned Single Judge of this court on the 19th August, 1965, it was noticed that the finding about the land in suit not forming part of Khasra No. 81/20 had been recorded without there having been any specific plea of the defendants in that regard, and without any issue having been framed to that effect. The learned Judged, therefore, held that the Courts below had approached the case from an entirely wrong angle and had made out a new case for the defendants which had not been put forward by them. On due consideration of the matter, the following additional issue was framed, and the case was remanded to the trial Court for decision of the additional issue :-

(3.) After getting the local investigation made by the Tehsildar, the trial Court submitted a report to the Senior Subordinate Judge to the effect that the superstructures of the defendants were on land forming part of Khasra No. 81/20. The Senior Subordinate Judge forwarded the record of the case with his report, dated the 5th August, 1966, wherein he concluded as follows :-