SURJIT SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) This is defendants' second appeal directed against the judgment and decree of the District Judge, Sangrur whereby suit for possession against them has been decreed. Trial Court had dismissed the suit, but in appeal, judgment and decree of the trial Court has been set aside and the suit decreed.

(2.) In brief, the facts are that one Bhagwan Singh was owner of the land in suit and after his death, a dispute arose in regard to the succession of his property. The dispute between the heirs when came to be settled by the Civil Court, mutation No. 3957 was sanctioned in favour of the plaintiffs. Plaintiffs filed suit for possession on the basis of title against the defendants. The case of the plaintiffs as set up in the plaint was that during the life time of Bhagwan Singh, defendants were in possession as tenants-at-will on payment of rent and after his death, they instituted civil suit against the plaintiffs whereby they alleged their possession to be adverse and tenancy under the plaintiffs was denied. Plaintiffs thus, claimed that defendants have rendered themselves liable for ejectment. Hence, the suit. Defendants on notice of the suit denied the ownership of the plaintiffs and also the factum of tenancy. They admitted that previously, a suit had been brought by them for injunction; but the same was withdrawn on the basis of statement made by the plaintiffs that they would take possession in accordance with law. Trial Court dismissed the suit by giving a finding that defendants have become owners by adverse possession. In appeal, the first appellate Court lias set aside the judgment and decree of the trial Court and consequently, suit of the plaintiffs has been decreed.

(3.) In this appeal, it has been contended by counsel for the appellants that in the year 1959 during consolidation proceedings, the Authorities under the Consolidation, Act accepted the appellants to be in adverse possession of the land in dispute. He contended that the plaintiffs never challenged this assertion of the defendants or took any steps to recover possession.