SHARAMJIT SINGH Vs. BAHADUR SINGH AND ORS.

JUDGEMENT

(1.) The appellants who were the plaintiffs before the trial court having failed to secure a favourable decision as by virtue of judgment and decree dated 5.1.1985 learned Sub Judge III Class, Bathinda dismissed their suit followed by dismissal of their appeal through judgment and decree dated 1.8.1988 by learned Additional District Judge, Bathinda have come up before this Court.

(2.) The plaintiffs filed against defendants numbering 64 a suit by way of decree for possession in respect of land bearing khasra no. 5110/4381 measuring 11 bighas 18 biswas situated in Patti Jhooti, Bathinda duly described and depicted in the head note of the plaint claiming that they were the owners of the property in question and that in their absence the defendants have illegally trespassed and taken forcible possession thereof and hence the suit in question.

(3.) The united stand of the defendants is of total denial claiming that they were in legitimate possession since time immemorial over which they have raised constructions and thus their adverse possession has matured into ownership and sought dismissal of the suit. The learned trial court framed the following issues:-