GURDIP SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below arising out of suit for declaration to the effect that the plaintiff has become owner in possession by way of adverse possession of land measuring 22 kanals 16 marlas.

(2.) IT is pleaded case of the appellant that Waryam Singh, uncle of the plaintiff, was owner in possession of the land in dispute, he died on 17.2.1978. The plaintiff claimed his estate on the basis of Will dated 13.2.1972. However, the plaintiff remained unsuccessful in mutation proceedings. The defendants filed the ejectment petition for the ejectment of the plaintiff wherein the plaintiff denied the ownership of the defendants in written statement dated 28.4.1978, Ex.P7. However, the said ejectment order was dismissed on 29.12.1978 on the ground that there exists no relationship of landlord and tenant between the parties.

(3.) BEFORE this Court, the learned counsel for the appellant has relied upon the judgments reported as Jai Singh v. Mehar Singh, 1995(3) RRR 263 (P&H) : (1995-3)111 PLR 349, Bondar Singh and others v. Nihal Singh, 2003(2) RCR(Civil) 222 and Charan Dass and others v. Rajinder Paul, 2003(2) RCR(Civil) 443 (P&H) : (2003-1)133 PLR 699 to contend that since the appellant has denied the title of the ownership in the earlier litigation and the period of 12 years have been passed, the plaintiff has perfected his title by way of adverse possession. However, the said judgments are not applicable to the facts of the present case.