BATTAN SINGH Vs. RAKHI

JUDGEMENT

(1.) This is defendant's appeal against the judgment of the first appellate Court dated March 26, 1975, setting aside the judgment and decree of the trial Court dated May 30, 1974 whereby it had dismissed the plaintiff-respondent's suit for possession of the land in dispute.

(2.) The short point that arises for consideration is as to whether the defendant-appellants had become owners of the suit property by adverse possession.

(3.) The land in dispute came to be allotted to the respondent-plaintiff in lieu of the land that was left behind in Pakistan by her father who had died before the partition of the country took place. A dispute regarding the inheritance of his property between the respondent-plaintiff and the defendants started after her mother, who, in the meantime, had temporarily succeeded to the property of her father Mehr Singh. Before the mutation proceedings could finally conclude the partition took place. Since the order of the Collector was in favour of the defendant-appellants and the Commissioner by the time the partition took place, had not decided the appeal of the plaintiff-respondent, the Rehabilitation Authorities allotted the land in dispute to the defendant-appellants. This led the plaintiff-respondent,to file a civil suit for a declaration of her title to the land left behind in Pakistan. The declaration was granted by the trial court and was upheld right upto the High Court by judgment Exhibit P.4 dated February 27, 1956 wherein it was observed that after the permanent rights are conferred on the plaintiff-respondent, she would be entitled to sue for possession.