SEHJAD Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS order shall dispose of Regular First Appeal Nos. 2420 of 1986 and 663 of 1996 as common questions of fact and law are involved. For the sake of convenience, facts have been culled out from RFA No. 2420 of 1986.

(2.) VIDE notification dated September 14, 1983, issued under Section 4 of the Land Acquisition Act, land was intended to be acquired by the State of Haryana. The land was ultimately acquired. Award dated July 16, 1985 was passed by the learned Land Acquisition Collector. There was a dispute between the co-sharers with regard to apportionment of compensation. Sehjad, one of the co-sharers claimed that he was in cultivating possession of share of land belonging to Shanti Devi as well as Mani Ram over their 1/6th share each. It was further claimed that his possession was open, hostile and continuous to the aforesaid land owners and as such the same had matured into ownership by way of adverse possession. On the basis of aforesaid plea of adverse possession, Sehjad claimed that he was entitled to the possession qua the share of Shanti Devi and Mani Ram as well.

(3.) THE parties led their evidence before the learned District Judge, Gurgaon during the course of reference proceedings.