GULWANT SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the first Appellate Court whereby the suit for possession of land in respect of 3 kanals out of total land measuring 7 kanals 2 marlas was dismissed while granting decree for possession in respect of 4 kanals 2 marlas.

(2.) THE plaintiff alleged that he is owner of land measuring 7 kanals 2 marla of land and the defendants have forcibly occupied the land of the plaintiff about four months back and thus sought decree of possession. The defendants controverted the allegations and pleaded that one Charan Singh has been in possession of the suit property for a period of more than 12 years who has acquired title by adverse possession being in possession of the suit property for more than 12 years. It was alleged that the defendants are in possession of the suit land under Charan Singh.

(3.) THE appeal filed by the plaintiff was dismissed. The learned first Appellate Court found that the defendants have not pleaded as to when possession of Charan Singh over the disputed land became adverse to the real owner but the entries in the revenue record support the continuous possession of Charan Singh since the year 1961 of 3 kanals of land. Though the possession of Charan Singh is described as Gair Maroosi, there is no description of the share of the produce or lease money. Thus, it will be presumed that Charan Singh is in adverse possession of the land measuring 3 kanals.