LAWS(P&H)-1998-11-62

MEHAR SON OF SANTU Vs. YASH PAL

Decided On November 19, 1998
MEHAR SON OF SANTU Appellant
V/S
YASH PAL Respondents

JUDGEMENT

(1.) Limitation on the scope of withdrawal of admission is the moot point for discussion in this revision.

(2.) Vide order dated 19th August, 1997, learned Additional Civil Judge, Gurdaspur, dismissed the application filed under Order 6 Rule 17 of the Code of Civil Procedure filed by the plaintiff in the suit, petitioner herein.

(3.) In order to determine the controversy in issue, reference to basic facts would be inevitable. Mehar had filed a suit for permanent injunction restraining the defendant No. 1 from interfering into his possession over the suit land. Further, I was the specific case of the plaintiff that he and even his predecessor-in interest have been in cultivatory possession of the disputed land for more than 100 years. They have been occupying the land in their own right and the plaintiff and defendants No. 2 to 5 have become owners of the suit land by way of adverse possession.