RAM SARUP Vs. FATEH SINGH

JUDGEMENT

(1.) The defendant is the appellant before this Court. He has lost concurrently before the two Courts below. A suit for possession was filed by the plaintiffs against the defendant. It was claimed by the plaintiffs that the defendant was inducted as a tenant in the agricultural land but later on he had renounced the title of the plaintiffs and as such had forfeited his rights of tenancy. Consequently, the plaintiffs claimed that they were entitled to seek possession of the said land.

(2.) The defendant in his written statement filed by him denied that he was ever inducted as a tenant over the suit land. On the other hand, he claimed adverse possession over the suit property and consequently, pleaded that he had become the owner of the suit property because of the aforesaid adverse possession.

(3.) Both the Courts below have rejected the claim of the defendant with regard to adverse possession. It has been held that the defendant was inducted as a tenant over the suit property by the plaintiffs. However, noticing the fact that the defendant had denied the title of the plaintiffs with regard to the suit property, it was held that the defendant had forfeited his claim of tenancy in the suit property. Consequently, the suit filed by the plaintiffs was decreed by the trial Court and the appeal of the defendant failed before the learned first Appellate Court.