KEWAL RAM Vs. BALA AND OTHERS

JUDGEMENT

(1.) Defendant No.2-appellant is in appeal against the concurrent finding of fact arrived at by the Courts below.

(2.) Although, at the time of admission of the appeal, following question of law was framed as proposed by learned counsel for the appellant:-

(3.) However, after hearing learned counsel for the parties, this Court is of the view that the appeal filed deserves to be allowed on a short ground. Hence, the question which require consideration is "Whether a suit filed by the plaintiffs for declaration that he has become owner by prescription of time or by way of adverse possession is maintainable?" The plaintiffs-respondents filed a suit for declaration that they are owners in possession of agriculture land measuring 22 kanals on the basis of oral sale dtd. 9/6/1955 for a sum of Rs.3200.00. The plaintiffs pleaded that if the oral sale is denied, the plaintiffs have continued in possession and therefore, perfected their title by way of adverse possession. In the written statement, the execution of the oral sale was denied. It was pleaded that entry in the revenue record has been made in collusion with revenue officials. It was further pleaded that entry of plaintiffs being tenant is also wrong.