DEWAKI Vs. DAYAWANTI

JUDGEMENT

(1.) THE legal representatives of the original plaintiffs are in appeal. A suit for declaration and for permanent injunction was filed by the plaintiff claiming that he had become owner of the suit land by way of adverse possession.

(2.) A suit filed by the plaintiff was decreed by the learned trial Court. However, on an appeal filed by the defendants, the learned First Appellate Court found that the plaintiff had not been able to prove his adverse possession over the suit property. Consequently, the appeal of the defendants was allowed and the suit of the plaintiff was dismissed.

(3.) THE learned First Appellate Court has itself observed that the plaintiffs were not entitled to seek any protection of the possession against true owners. Besides aforesaid fact, it may be noticed that the plaintiffs had filed the suit seeking declaration of their title as owners. Once they had failed in the declaration and the suit filed by them is held as not maintainable, then no relief can be granted in their favour.