BHAGWANTPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant-plaintiff has assailed the judgment and decree of the lower Appellate Court, whereby the suit of the plaintiff for possession of the land comprised in khewat/khatoni No.702/1146, Khasra Nos.116/26/2/215 situated at Warrachian Road, Samana, Tehsil Samana, District Patiala, decreed by the trial Court, has been dismissed.

(2.) Succinctly, the facts which emanate from the pleadings of the parties are that the appellant-plaintiff instituted the suit on the premise that he is owner of land to the extent of 108 - 1/2/260 th share. The defendants unauthorizedly constructed a Veterinary Hospital without any title nor any compensation in this regard, had been paid. A legal notice dtd. 9/11/2000 was served upon the defendants to vacate the premises, but having fallen on deaf ear, the suit, aforementioned, was filed on 20/5/2003.

(3.) The defendants contested the suit being barred by efflux of time as they had become owner by way of adverse possession. On merit, it was stated that vide letter dtd. 9/7/1981 written by the Municipal Committee, Samana, the land, in dispute, was donated by the father of the plaintiff, Inder Singh, in the year 1958-59 for construction of Civil Veterinary Hospital. The building was constructed by the Municipal Committee with the financial aid of the Punjab Government.