ASHOK KUMAR Vs. SHAM WATI

JUDGEMENT

(1.) THE plaintiff aggrieved by the concurrent verdicts of the Courts below dismissing his suit for recovery of possession has preferred the present second appeal. It is the contention of the plaintiff Ashok Kumar that he being the co -sharer is the owner of the suit property. The defendant is in illegal possession of the suit land. The plaintiff requested the defendant many a time to deliver possession of the suit land, but the latter did not agree. The suit laid by the father of the defendant Smt. Sham Wati was dismissed by this Court on 20.10.1981. Alleging that the defendant did not deliver possession of the suit land in spite of such a decree passed as against the defendant, the present suit has been filed for recovery of possession of the suit land.

(2.) THE defendant contended in her written statement that it was wrong that the plaintiff was the owner of the suit property. The father of the defendant has been in possession for a very long period, at any rate, for more than 12 years and therefore, he has become the owner of the suit property. The defendant and her father have been in continuous and open possession of the suit property prior and subsequent to the earlier decision of this Court. The plaintiff had the absolute knowledge about the adverse possession set up by the defendant and her father. The defendant has now become the owner of the suit property by adverse possession. Alleging that the plaintiff has no right in the suit property, she prayed for dismissal of the suit.

(3.) THE Courts below having thoroughly adverted to the evidence on record arrived at a conclusion that the defendant, prior thereto her father, has been in possession and enjoyment of the suit property right from the year 1957 -58 as established under Exs.D1 to D6. Holding that the defendant has established her title by adverse possession, the plaintiff was non -suited.