HARNEK SINGH Vs. JANGIR SINGH

JUDGEMENT

(1.) THIS is defendants' appeal and has been directed against the judgment and decree dated 14th March, 1978 passed by the Court of Additional District Judge, Barnala, who set aside the judgment and decree dated 28th September, 1974 passed by the Court of Sub Judge, Ist Class, Barnala, dismissing the suit of the plaintiffs-respondents.

(2.) BRIEFLY the facts of the case are that Jangir Singh and others filed a suit for possession of the land measuring 37 kanals 3 marlas situated in village Bihla as described in the head-note of the plaint on the plea that they were the owners of the land in dispute. It was alleged by the plaintiffs that two years prior to the institution of the suit, the defendants entered into the forcible possession of the suit land and that in spite of the demand made by the plaintiffs, they had not vacated the possession.

(3.) THE above pleadings of the parties gave rise to the following issues:- 1. Whether the plaintiffs are owners of the property in dispute ? O.P. 2. Whether the suit is filed within the period of limitation ? 3. Whether the defendants are in possession of the property in suit for more than 12 years, and as such, they have become owner of the same ? O.D. 4. Whether the matter in dispute was decided by some Supreme Authority ? If so, what is that decision and what is its effect ? OPD.