KULWANT SINGH Vs. PHULA SINGH

JUDGEMENT

(1.) THIS is plaintiff's Regular Second Appeal against the judgment and decree dated 3.2.1982, passed by the Additional District Judge, Rupnagar, vide which the decree for declaration declaring him as owner of the 'Nasban' rights in respect of the garden trees standing in the land in question and a decree for possession of the said property passed in his favour by the trial court has been set aside, and the defendant (respondent herein) has been declared to have perfected his title on the suit property by way of adverse possession.

(2.) THE appellant filed the suit for declaration claiming himself as owner of 'Nasban' rights in respect of the trees standing in the land in question and seeking possession of the said trees on the basis of title. It was alleged that Rattan Lal and Brij Lal residents of Kharar were owners of the 'Nasban' rights, which were purchased by the appellant from them vide registered sale deed dated 19.12.1975 for a consideration of Rs. 1,500/- and he was put in possession of these rights, but subsequently the respondent took possession of the same and claimed himself as owner of the 'Nasban' rights by alleging that he had purchased these rights from one Walaiti Ram, who in turn had purchased the same from Rattan Lal and Brij Lal in the year 1961.

(3.) THOUGH initially on 24.7.1978, the suit was filed for declaration and permanent injunction as the appellant claimed himself in possession of the aforesaid 'Nasban' rights, but subsequently after the order of the trial court dated 28.4.1980, vide which it was held that possession of the trees in dispute was with the respondent, the appellant amended his suit and included the relief of possession of the 'Nasban' rights in the disputed trees on the basis of title.