BIRO Vs. AMAR SINGH

JUDGEMENT

(1.) This is defendants appeal.

(2.) Plaintiffs (respondents herein) filed suit for declaration of ownership of 1/2 share and also for joint possession on the allegation that the plaintiffs and defendants owned joint land being descendants from common ancestor but defendants in collusion and in connivance with the Revenue Authorities, taking advantage of the absence of the plaintiffs from the village, got plaintiffs entered as Gair Kabjan/Gair Nazir i.e. not in possession/absentee and have themselves in exclusive possession of the suit land. Plaintiffs thus sought a decree for joint possession and declaration that they are owners -in possession of land measuring 142 Kanals 6 Marlas, the total land being 284 Kanals 13 Marias. Defendants denied the claim of the plaintiffs and pleaded that the forefathers of the defendants had abandoned their possession as well as their proprietary right. They also pleaded that the suit land had earlier been in possession of the forefathers of the defendants and on their death, defendants are in possession. They further alleged that their possession has ripened into ownership by way of adverse possession as their possession is peaceful, open hostile to the knowledge of the plaintiffs.

(3.) On the pleadings of the parties, the following issues came to be struck: -