JIWANU RAM Vs. TARA DEVI

JUDGEMENT

(1.) THIS appeal was admitted on the following substantial questions of law: - 1. Whether in view of the clear plea of adverse possession having been set up way back on 16.7.1978 in Civil Suit No. 69/78 which was dismissed by the trial Court and the appeal against which was withdrawn by the defendant the plaintiffs' plea of adverse possession by setting up a hostile, open and clear title of ouster of the true owners was established?

(2.) WHETHER the pleadings of the parties and evidence on record, particularly Ex.PW -4/B and Ex.PB, the written statement and judgement ill the previous case have been misread and misconstrued and the finding that the possession of the plaintiff was permissive is sustainable in law? 2. The short question which arises in this appeal is on which date the permissive possession becomes hostile.

(3.) AGGRIEVED by the said judgement, Narain Singh filed an appeal in the Court of the learned District Judge, Mandi but this appeal was withdrawn on the ground that since the defendant Jiwanu Ram had been found to be in possession of the suit land, the plaintiff Narain Singh would file a fresh suit for possession of the suit property. It appears that despite this statement, Narain Singh never filed a suit for possession.