GURDEEP SINGH Vs. RACHHPAL SINGH

JUDGEMENT

(1.) This appeal, preferred by defendant Gurdeep Singh (hereinafter referred to as the appellant), is directed against the judgment and decree dated 5.2.1992 passed by Shri M.L. Singal, District Judge, Faridkot, dismissing the appellant's appeal and thereby affirming the judgment and decree of the learned trial court decreeing the suit for possession filed by Rachhpal Singh and others, plaintiffs (hereinafter referred to as the respondents).

(2.) The facts of the case are these. Rachhpal Singh and others, respondents, who are sons and daughters of Kashmira Singh, instituted a suit for possession of land, described in the plaint, against the appellant. The respondents' case is that they are owners of the land in dispute and that the appellant had been in illegal possession thereof without any right or title. They asked the appellant several times to deliver the possession of the suit land to them but to no avail.

(3.) The suit was contested by the appellant on the ground that the respondents are not the heirs of Narinder Singh son of Basant Singh, resident of village Naraingarh. According to him, the mutation of his (Narinder Singh) inheritance has been wrongly sanctioned in favour of the respondents and as such i.e. they have no locus standi to file this suit. A plea was also taken by the appellant that the suit is time barred and that he is in adverse possession of the disputed property for the last more than fifteen years. He added that his possession was hostile, continuous, open and to the knowledge of Narinder Singh when he was alive and after his death, his heirs are aware of his (appellant) adverse possession. According to him, he as thus, become owner of the land by way of a adverse possession.