VIJAY BHAWAR AND ORS. Vs. AJAIB SINGH

JUDGEMENT

(1.) The defendants are in appeal against the concurrent findings of fact recorded by both the Court below whereby the suit filed by the plaintiff for declaration to the extent that he has become owner in possession of the suit land on the basis of adverse possession, was decreed.

(2.) Briefly, the facts are that the suit was filed by the respondentplaintiff seeking a declaration that he had become owner of the land measuring 23 kanals 6 marlas being in possession thereof since 1922. The claim was contested by the appellants pleading that as per the revenue record, they are the owners of the property and the plaintiff was tenant under the predecessors of the defendants-appellants. The plea was also raised regarding non maintainability of the suit on various grounds. The trial Court decreed the suit. The appeal filed by appellant no. 1 was dismissed by the learned Lower Appellate Court. The respondent was declared to be owner of the suit property by way of adverse possession. The present appeal has been filed by the defendants.

(3.) When the case was taken up for hearing on 26.8.2013, the following substantial questions of law were framed for determination by this Court:-