FAQUIR CHAND Vs. MADAN LAL

JUDGEMENT

(1.) The appellant-plaintiff filed suit for possession alleging that the defendants had illegally occupied the site in question belonging to the plaintiff. The defendants contested that suit and claimed title on the basis of adverse possession.

(2.) The trial Court held that the plaintiff failed to prove ownership of the disputed plot, as the property mentioned in the sale deed, Ex.PW5/3 on the basis of which title was claimed, was different than the suit property; the defendants were proved to (?) the owners by adverse possession. The appellate, court dismissed the appeal.

(3.) At the time of admission, notice, was issued on the basis of averments made in para 3 of the grounds of appeal to the effect that defendants-respondent Nos. 1 and 6 had vide their compromise and statements dated 26.12.1973 and 14.4.1976 respectively admitted the claim of the plaintiff qua the portions of the land in suit in their possession, marked as E-1, E-2, J-1 and J-2 respectively and qua their share, the suit should have been decreed.