PHULLA Vs. SEWA SINGH

JUDGEMENT

(1.) In this regular second appeal, the defendants assail the correctness of judgment passed by the first appellate Court, which in turn has reversed the judgment passed by the trial Court.

(2.) On 15/10/1985, the respondents-plaintiffs filed a suit for declaration that they are the owners in equal shareholding of the suit land measuring 42 kanals and 13 marlas comprised in Khewat and Khata No. 326/516, as per Jamabandi for the year 1979-1980, located in village Ghattkar and the entries recorded in favour of the defendants are liable to be corrected with a consequential relief of injunction restraining the defendants from taking possession from the plaintiffs. In substance, the plaintiffs claim to be in possession of the suit land for the last hundred years and they also claim to be in cultivating possession for more than 12 years to the knowledge of the defendants without payment of any rent or chakota or any interruption from the defendants, hence, they have acquired right of ownership by way of adverse possession from their forefathers and from 22/12/1969, when they challenged the title of the defendants. The defendants while filing the statement contested the case. It was claimed that the suit land belongs to the defendants and the plaintiffs are in possession as gair marusi i.e. tenant at will on payment of land revenue. Hence, they cannot claim to be the owners of the suit property by way of adverse possession. It was submitted that the plaintiffs are in permissive possession in lieu of the work, which their predecessor used to do as blacksmith for the defendants.

(3.) The trial Court held that the plaintiffs have proved that they are in adverse possession of the property for more than 12 years without any interruption, however, dismissed their suit after finding that the suit has been filed beyond the period of limitation. The plaintiff filed an appeal, which has been accepted by the learned District Judge. This appeal was admitted for regular hearing and now it has come up for hearing.