KRISHANA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The first defendant of an original suit in O.S. 144/08 which was pending on the file of Principal Civil Judge, Vijayapura, has filed this appeal under Section 100, C.P.C. challenging the concurrent judgments passed against him. Respondents 1 to 4 are plaintiffs in the said suit. The 2nd defendant who is the father of the 1st defendant, died during the pendency of the appeal filed before the Senior Civil Judge, Vijayapura. Since appellant is his legal heir, he has filed this appeal.

(2.) The facts leading to the filing of the present suit in O.S. 144/08 and the present appeal are as follows:

(3.) What is argued before this Court by the learned Counsel for the appellant, Mr. Ameetkumar Deshpande is that the suit in O.S. 144/08 was hit by Order 2, Rule 2 , C.P.C. since plaintiffs had not sought the relief of possession when the earlier suit was filed for the relief of declaration to the effect that incorporation of the name of the defendants in CTS records was illegal and incorrect. It is further argued that the defendants had not only denied title of the plaintiffs on the basis of Hiba executed by the deceased husband in favour of the 1st defendant, but had even emphatically denied their title. Therefore, it is argued that the suit so filed in the year 2008 was specifically barred by time and that a specific assertion was made by the defendants in the written statement filed in O.S. 97/93 on 4.1.1995 not only denying title of the plaintiff, but also asserting their own title on the basis of Hiba. It is further argued that the plea of adverse possession starts from 22.10.1990.