BISHNA AND OTHERS Vs. NIRANJAN SINGH AND OTHERS

JUDGEMENT

(1.) This was Regular Second Appeal filed by appellants-plaintiffs Bishna and others (hereinafter referred to as the "plaintiffs") impugning the judgment and decree dated 28.04.1986 passed in Civil Suit No.184 of 20.04.1983 by learned Sub Judge IInd Class, Jagadhri, dismissing the suit for possession filed by them against respondents-defendants Niranjan Singh and others (hereinafter referred to as the "defendants"), which was upheld by the first appellate Court vide judgment and decree dated 01.08.1988.

(2.) The facts which need elaboration are as under:-

(3.) The suit was contested by defendants No.1 and 4 to 8. In the joint written statement filed by them, they denied that the house was given by the plaintiffs to defendants No.1 to 3 and father of defendants No.4 to 7. According to them, the plaintiffs took some land from Parsa, father of defendants No.1 to 3 and Kapoor Singh, father of defendants No.4 to 7 and in exchange they gave the land underneath the house to Dasondhi (defendant No.8) in the year 1952-53. While the plaintiffs constructed their house on the land received by them in exchange, Dasondhi also constructed a house at the site in dispute about 30 years back and since then he is residing in the house alongwith his family. They added that the site in dispute was an open Bara and Dasondhi purchased the Bara from Kapoor Singh for a consideration of Rs.199/- on 20.06.1960. By way of additional pleas, the defendants claimed that they had become owners of the house by way of adverse possession. They are in continuous, uninterrupted and hostile possession of the same for over 30 years. Preliminary objections with regard to the suit being barred by time and also the suit being not maintainable in the present form were raised.