TARA SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) This judgment shall dispose of Regular Second Appeals Nos. 1203 and 1215 of 1979 as they are directed against the same judgment and decree of the learned District Judge, Rupnagar, dated 27.3.1979

(2.) Brief facts of the case are that plaintiff field suit against Hazara Singh defendant of declaration and permanent injunction contending that he was a co-sharer and in joint possession of land measuring 12 Marlas comprised in Khasra No. 77 having 3/8 share in the same. Hazara Singh defendant who claimed to have purchased 1/4 share of the suit land from Shiv Singh, had started threatening the plaintiff not to raise construction over any specific portion of the suit land till partition.

(3.) Defendant put in appearance and filed written statement controverting the averments made in the plaint. He pleaded that he has built his house over the land in dispute and is living there for the last 50 years. It was further pleaded that the defendant has become owner of the suit land by way of adverse possession.