SANTOSH KUMAR Vs. DEVKOO DEVI

JUDGEMENT

(1.) The abovesaid two appeals are proposed to be disposed of by a common judgment as the facts and points raised are common.

(2.) The undisputed facts that have come on record are that one Kahan Singh filed a suit against Devkoo Devi. This suit is numbered as 20/1 of 1989. The plaintiff therein sought a declaration to the effect that he is the owner in possession of the suit land measuring 6 -3 Bighas by way of adverse possession and the defendant therein was sought to be restrained from interfering with the plaintiffs possession over the suit land.

(3.) In the written statement, the allegations made in the plaint were denied. It was denied that the plaintiff is in possession of the suit land as alleged by him. The defendant claimed the ownership of the suit land in him. It was denied that the defendant was interfering with the possession of the plaintiff as the suit land was in possession and ownership of the defendant. The plaintiff was alleged to be trying to take forcible possession of the suit land.