AMRIT KAUR Vs. BANT SINGH

JUDGEMENT

(1.) This is regular second appeal filed by the plaintiffs. Both the parties hereinafter referred to with their respective status before the learned lower Court concerned. It is a decree of reversal.

(2.) The plaintiffs filed a suit for possession of the suit land with the allegations that they are owners in equal shares of 1/6th share of the suit land. Previously, Bhagwan Singh, husband of plaintiff No.1 and father of plaintiffs No.2 and 3 was in possession of the the suit land. It was further pleaded that taking undue advantage of the absence of the plaintiffs, the defendants, who have their land adjacent to the plaintiffs' land, have encroached upon some portion of the land of the plaintiffs. After having doubt about the illegal encroachment made by the defendants, a demarcation was carried out on 12/11/1984 and it was found that out of khasra No.288/2, an area of (1-0) and in khasra No. 389 an area of (0-16) has been found in illegal possession of the defendants No.1 to 3 and out of khasra No.405/2, an area of (0-18) is in illegal possession of defendant No.4.

(3.) Upon notice, the defendants filed the written statement denying the pleadings of the plaintiffs and pleaded that they are in possession of their land and they have not encroached upon the land of the plaintiffs. The defendants further raised the issue of correctness of the demarcation report and apart from that an additional plea was also taken regarding the maintainability of the suit in the present form and in the alternate, they have set up a plea of adverse possession.