MT. BHAGO Vs. DEEP CHAND HARPHUL AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned Additional District Judge, Karnal affirming that of a learned Subordinate judge Ist Class Karnal and raises the question of adverse possession. The facts giving rise, to the controversy before us lie in a narrow compass and are as follows. According to the allegations of the Plaintiff (Respondent in this Court) the property in dispute belonged to Jug Lal who had gifted the same to his son Mollar but the father and the son being joint in mess and cultivation, Jug Lal continued to be in possession of the gifted property. One Smt. Mehman is also stated to have been joint owner of a share of the land with Jug Lal. The estate of Smt. Mehman is stated also to have been mutated in favour of Mollar on 17 -6 -1947, the lady having died in November, 1945 with the result that Mollar became the sole owner of the entire property in the meantime, however, in April, 1947 Mollar was murdered and mutation relating to his estate was sanctioned in the name of his father Jug Lal by an order of the Revenue Officer also dated 17 -6 -1947, the number of the mutation being No. 917.

(2.) THE suit was resisted principally by Defendant No. 1 who alone is the Appellant in this Court.

(3.) WHETHER jug Lal and after him Plaintiff has been in adverse possession for a period of 12 years?