DHAN SINGH Vs. SAJJAN AND ORS.

JUDGEMENT

(1.) THE appellant -plaintiff has been non -suited by two of the Courts below in a suit for declaration. Through the instant regular second appeal, he is challenging the concurrent findings returned against him by the trial court as well as learned first appellate court below.

(2.) THE claim of the plaintiff was that he is in cultivating possession over the suit land for the last more than 40 years and as such, has acquired the status of owner thereof by way of adverse possession, which is uninterrupted. While the stand of the defendants, on the other hand, was that they are continuing in self cultivation of the disputed property since Kharif 1996 and the plaintiff has cultivated the suit land only for 7/8 years uptil Rabi 1995 as tenant as 1/3rd batai.

(3.) NOTHING has been shown that findings of fact recorded by the two Courts below suffer from any infirmity or are contrary to the record.