MOHAN SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) Plaintiff had filed a suit for possession of plot No.15 situated in residential area of Nurmahal, Mohalla Sohlan, bounded as under:-

(2.) The case of the plaintiff, in brief, was that he was owner of the house in dispute which had been purchased by him on 20.12.1963. The plaintiff was in possession of the said property from the date of its purchase. However, the defendant had taken forcible possession of the suit land. In the year 1981, the defendant had filed a suit for permanent injunction against the plaintiff qua the suit property. The said suit was decreed by the Court vide judgment/ decree dated 27.3.1982 and the present plaintiff was restrained from dispossessing the present defendant from the suit property except in due course of law. Hence, the suit was filed by the plaintiff. The defendant, in his written statement, took up preliminary objection No. 'B' as under:-

(3.) On merits, the contentions in the plaint were denied. It was averred that the defendant was in possession of the suit property for the last 30 years and had become owner by way of adverse possession. On the pleadings of the parties, following issues were framed by the trial Court:-