LAWS(HPH)-2010-6-21

BALDEV SINGH Vs. SUNKA RAM

Decided On June 15, 2010
BALDEV SINGH Appellant
V/S
Sunka Ram Respondents

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 was admitted on the following substantial questions of law:

(2.) When the Defendant-Respondents in the present suit as well as in the previously instituted suit asserted their possession over the suit property as non-occupany tenants, could both the Courts below accept the alternative plea set up by the Defendant-Respondents to have acquired title to the suit property by adverse possession from the year 1962? Are not such findings based on improper pleadings, against the documentary and oral evidence?

(3.) The Appellants are the Plaintiffs and the Defendants are the Respondents. The Courts below found the Defendants to be in possession of the suit property since the year 1962 and as such, perfected their title by way of adverse possession. Consequently, Plaintiffs' suit for recovery of possession of the suit land stands dismissed.