KRISHANA KUMARI Vs. DARSHAN LAL

JUDGEMENT

(1.) The present regular second appeal is directed against the concurrent findings of fact and law whereby suit of the appellant-plaintiffs for possession of rooms of sarai, has been dismissed while rendering the findings on issue nos.5 and 6 stating the suit to be barred by law of limitation holding the defendants to be owners by way of adverse possession, while rendering the findings on all other issues in favour of the plaintiff.

(2.) The plaintiffs alleged that the aforementioned sarai was built by Ganga Devi in the memory of her husband Atma Ram Dhir. She had two daughters Tara Devi and Dwarka Devi. Dwarka Devi died issueless but Tara Devi had two daughters namely Krishana Kumari and Amar Kaur. Ganga Devi had handed over the control of sarai to Maghi Ram. On the demise of Maghi Ram, his sons Hari Ram and Ram Sarup had been managing the affairs of the sarai. The vacant rooms were in possession of the plaintiffs and defendants no.20 and 21. The defendants forcibly occupied the possession of the rooms without any right and title, thus, in such circumstance, the aforementioned suit was filed.

(3.) Sine the parties were at variance, the trial Court framed the following issues:-