BAKHTAUR SINGH Vs. BALVIR CHAND

JUDGEMENT

(1.) - Challenge in this appeal is to the judgment and decree passed by the Civil Judge (Junior Division), Talwandi Sabo, dated 15.11.2013, whereby, the suit for possession on the basis of title regarding land measuring 17 marlas along with suit for permanent injunction restraining the defendants from raising any type of construction over the suit property illegally and forcibly, stands decreed, appeal against which preferred by the appellant -defendants has been dismissed by the Additional District Judge, (Fast Track Court), Bathinda, on 07.10.2014.

(2.) It is the contention of the learned counsel for the appellants that the disputed land was in possession of the appellant -defendants and on the basis of the said possession, a pronote was executed by Piare Lal, brother of the respondent -plaintiffs, on 28.09.1981, alienating the suit property to the appellant -defendants for a consideration of Rs. 800/ -. He, on this basis, contends that since the year 1981, they are owners in possession of the suit property. He contends that in the light of the said pronote, on the basis of which title was conferred upon the appellant -defendants, there is no question of any permissible possession as has been asserted by the respondent -plaintiffs w.e.f. Jan., 1995. Contention has also been raised that as per the admission of the respondent -plaintiffs, they are in possession of the property which is open and hostile and on the basis of such adverse possession, they have become the owners of the said land. Counsel further contends that even the revenue record supports the possession of the appellant -defendants over the suit property. He further contends that the electricity connection as also the warabandi for irrigation of the land is in the name of the appellant -defendants which further fortifies the fact that they are in continuous possession of the land in dispute. His further assertions is that the suit preferred by the respondent -plaintiffs was time barred and therefore, the suit itself should have been dismissed on the said ground. Counsel also states that no specific issue has been framed with regard to the stand of the respondents claiming adverse possession and ownership on that basis. On the basis of these submission, counsel contends that the judgments and decree passed by the Courts below cannot sustain and deserve to be set aside and the suit of the respondent -plaintiffs be dismissed.

(3.) I have heard the submissions made by the learned counsel for the appellants and with his able assistance, have gone through the impugned judgments and decree passed by the Courts below.