MUNICIPAL COMMITTEE, RATIA, DISTRICT FATEHABAD Vs. GURMEET SINGH

JUDGEMENT

(1.) By this order, I intend to dispose of two Regular Second Appeals bearing No.3963 of 2008 and 295 of 2009 as common question of law and facts are involved in both the appeals. The facts are being taken from RSA No.3963 of 2008.

(2.) Appellant-defendant-Municipal Committee (for short "Committee ") is aggrieved of the judgment and decree rendered by the Lower Appellate Court, whereby the decree of declaration holding the plaintiffs to be owner on the basis of the long and settled possession, much less injunction qua forcible interference and dispossession, has been granted.

(3.) Mr. Jagdish Manchanda, learned counsel for the appellant-defendant submits that the plaintiffs had filed a suit for declaration that they are owners in possession of land bearing old khasra No.2751 min measuring 1 bigha 13 biswas, situated at Tohana Road Ratia, Ratia before consolidation from the year 1960-61. He submits that no person can take the plea of adverse possession in affirmative unless and until there is averment qua extinguishment of title as per Sec. 27 of the Limitation Act. There is no whisper in the suit that the averments are in consonance with the aforementioned provisions of law. Qua locus-standi of the plaintiffs, issue No.3 was framed and the trial Court rendered a finding on the said issue in favour of the plaintiffs though dismissed the suit. As a result thereof, two appeals were filed. The appeal filed by the Municipal Committee, Ratia has been dismissed, whereas the appeal filed by the respondent-plaintiff has been allowed and the suit, aforementioned, was decreed.