BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is plaintiffs regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court whereby the suit of the plaintiffs was dismissed.

(2.) PLAINTIFFS filed suit for possession of land measuring 6 kanals 16 marlas on the allegation that they are owners of the suit land and that in the year 1973 defendant No. 1 forcibly encroached upon the land and started planting trees thereupon. Notice under Section 80 C.P.C. was served upon the defendant to admit the claim of the plaintiffs and to deliver back the possession of the property in dispute and on the refusal of the State to accept the claim of the plaintiffs present suit was filed in the Civil Court. Defendant -State of Punjab put in appearance, filed written statement and resisted the claim of the plaintiffs on the ground of limitation. In addition thereto the defendant set up the plea of adverse possession.

(3.) WHETHER defendant No. 1 is entitled to special costs under Section 35 A.P. of C.P.C? OPD.