SAVITRI Vs. MANPHOOL

JUDGEMENT

(1.) THE defendants have come up in regular second appeal against the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and decreeing the suit of the plaintiff-respondents for declaration that they were owners-in-possession of the suit land.

(2.) THE facts:slier Singh and Partap Singh, sons of Lachhman were the owners of the suit land, part of which is situated in village Naguran and part in village Nheri Naguran; that they left the village and settled in Jind in 1950 and since then the plaintiff-respondents (hereinafter the plaintiffs) had been in possession as owners thereof without payment of any batai, rent or other charges t6 the defendant-appellants (hereinafter the defendants); that their possession had been continuous, open, hostile and to the knowledge of the defendants and, thus, they had become its owners by adverse possession.

(3.) THE suit was contested by defendant-appellant No. 1 and she took preliminary objection that the suit was not maintainable in the present form ; that the suit was bad for mis joinder of parties and cause of action. The allegation that the plaintiffs had become owners by adverse possession was controverted.