JAI SINGH Vs. MEHAR SINGH

JUDGEMENT

(1.) THE present appeal has been filed at the instance of the defendants in the suit. The subject matter of the controversy is land measuring 83 kanals and 10 marlas, situated in village Bhag Singh Wala, Tehsil and District Faridkot. The parties to the litigation are descendants of a common ancestor Man Singh. The case of the plaintiffs -respondents Mehar Singh and Kehar Singh is that the land which is the subject matter of dispute, though originally belonged to the family of Man Singh, had come to their ownership on account of adverse possession. In answer to this plea in the plaint, it was denied that the plaintiffs had become owners by averse possession. On the pleadings of the parties, the following issues were framed : -

(2.) WHETHER plaintiffs have become owner by adverse possession ? OPP.

(3.) AFTER hearing the learned counsel for the parties, I find no merit in the appeal. It is undoubtedly true, as has been urged by Mr. Bansal, that the mere fact that rent had not been paid by the co -sharers, would not be conclusive that an abandonment had taken place so as to prove the factum of adverse possession, but as already indicated above and held by the lower appellate Court, the rent had not been paid over a period of 30 -40 years. It is also significant that the title of the appellants was denied in Exhibit P.12 but they nevertheless made no effort to enforce their rights in the property.