JAGAT SINGH Vs. KISHAN DASS

JUDGEMENT

(1.) THE defendant Nos. 7, 8 & 9 are in second appeal aggrieved against the judgment and decree passed by the Courts below arising out of a suit filed by the plaintiff for possession of the land measuring 2 bighas 4 biswas.

(2.) THE plaintiff-respondent filed a suit for possession of the land measuring 2 bighas 4 biswas alleging the same to be part of Khasra No. 6792/2 and that the defendants have illegally encroached and trespassed over the suit land and made construction thereupon without any right or title therein. Defendant No. 7 in her written statement asserted that she has purchased the suit property from one Bishamber vide registered sale deed dated 09.02.1987 and in fact, Bishamber had purchased the said property from Nafe Singh son of Jage Ram on 02.03.1984. Whereas, defendant Nos. 8 and 9 asserted in their written statement that they have purchased the suit property from defendant No. 1 in May, 1972. With the said plea, the defendant-appellants raised a plea that they are in exclusive, peaceful, continuous and hostile possession of the suit property and they are owners of the suit land by way of adverse possession.

(3.) LEARNED counsel for the appellants has vehemently argued that the suit land could not be identified and thus, a decree for possession cannot be granted in respect of such land and that the courts will not pass a decree which cannot be executed. Reliance is placed on Sant Singh v. Gulab Singh, AIR 1928 Lahore 573. It is also contended that the plaintiff has seen the defendants raising construction over the suit land and thus, the plaintiff is estopped to seek possession from the defendants. Reliance is placed on a judgment of this Court reported as Food Corporation of India v. Dayal Singh, 1991 Civil Court Cases 629 (P&H) : 1991 PLJ 425.