AKKU RAM Vs. SUNIL KUMAR

JUDGEMENT

(1.) This is defendants' second appeal against the concurrent findings recorded by both the Courts below.

(2.) The respondents/plaintiffs (hereinafter referred to as 'the plaintiffs') filed a suit for possession of the property shown in red colour in the site plan which is part of Rect. No. 183, killa no. 37/2/2/1/1/1/1/1/1 measuring 13 kanal 15 marla of its 10/275th share, i.e., 10 marla at the cost of defendants. The plaintiffs claimed themselves to be the owners on the strength of registered sale deed vasika no. 3765 registered on 20/9/2005 and supplementary sale deed vasika no. 998 dtd. 14/5/2010, executed by Dinesh Kumar and others the previous owners, as per jamabandi for the year 1998-99. Mutation on that basis were sanctioned in favour of the plaintiffs on 2/12/2005 and 30/7/2010 respectively.

(3.) The suit was contested by the appellants/defendants (hereinafter referred to as 'the defendants') claiming that the suit property was never delivered to the plaintiffs by their vendor or anybody else. The defendants claimed that before them one Salekh Chand remained in possession of the property. He perfected his title by adverse possession, asserted to the alleged vendors of the plaintiffs in August 1979. Salekh Chand resided in the property by constructing rooms and tin-shed there. He subsequently surrendered possession to Madan Lal son of Ghisa Ram. This Madan Lal surrendered possession to the defendants, and this fact was to the knowledge of the plaintiffs and their family members in 2005. It was, therefore, claimed that the defendants' possession of the suit property is based upon perfected title of Salekh Chand by adverse possession, which was opened and hostile to the knowledge of the alleged vendors of the plaintiffs.