PIARA SINGH JOHAL Vs. GEJ

JUDGEMENT

(1.) Piara Singh and Smt. Gurpiari Kaur plaintiffs have filed this appeal to challenge the judgments and decrees dated 13-10-1986 passed by the Additional District Judge, Jalandhar, vide which the judgments and decrees passed by the Sub-Judge 1st Class, Phillaur, dated 20-8-1983 decreeing the suit in favour of the plaintiffs and dated 7-8-1986 deciding the issue with regard to adverse possession of the defendants of the suit property against them, have been set aside.

(2.) The facts giving rise to the present appeal are that one Jiwan Singh, original owner of the suit property which was situated in the three villages, had one daughter by the name of Chinti and no male child. He adopted one Sucha Singh son of Bhagat Singh somewhere in the year 1923. Jiwan Singh expired prior to the coming into force of the Hindu Succession Act, 1956. The suit land was inherited by said Sucha Singh. Chinti was married to Gurdit Singh of village Jandiala and out of the wedlock one son namely Piara Singh and one daughter Gurpiari kaur were born. Chinti died during the life time of Sucha Singh. Sucha Singh died issueless and widowless somewhere in seventies. The defendants, who are brothers of Sucha Singh took possession of the property inherited by him from his adoptive father Jiwan Singh. The plaintiffs claimed themselves to be legal heirs of Sucha Singh and filed the present suit through their attorney Kehar Singh. The Sub Judge 1st Class, Phillaur, after hearing the counsel for the parties and on examining the evidence adduced on record, decreed the suit in favour of the plaintiffs vide judgment and decree dated 20-8-1983 and held them to be the owners of the suit property On appeal by the defendants, the Additional District Judge, Jalandhar, vide order dated 13-5-1986 remanded the case to the trial Court to give finding on the following additional issue:- "Whether the defendants have become owners in possession of the land by way of adverse possession as contended by them in the written statement?" The Sub Judge 1st Class, Phillaur, heard the parties on the issue and vide judgment dated 7-8-1986 held that the defendants had not become owners of the suit land, However, in appeal the Additional District Judge, Jalandhar, vide judgment and decree dated 13-10-1986 set aside the judgments and decrees passed by the trial Court and it was held that the plaintiffs had failed to prove themselves to be legal heirs of Sucha Singh deceased and their mother Smt. Chinti was not proved to be the daughter of Jiwan Singh, the original owner of the suit property. The lower appellate Court also found that the defendants had been able to prove themselves to have become owners of the suit property by way of adverse possession.

(3.) The following substantial questions of law arise for consideration before this Court :-