RAM DEVI Vs. SINGHA ALIAS RANJIT SINGH

JUDGEMENT

(1.) The plaintiffs/appellants arc in second appeal before this Court laying challenge to the decree of reversal passed by the first appellate Court. The parties, here -in - after in this judgment, shall be referred to as plaintiffs and defendant.

(2.) The plaintiffs filed a suit for possession of the suit land based on title. The case of the plaintiffs is that the defendant has illegally and unauthorisedly .encroached upon the suit land measuring 2 bighas 4 bighas was some -where in the month of July, 1980 and despite several requests, the defendant has not given back possession to the plaintiffs.

(3.) The defendant while laying contest to the suit has denied that he hiss made any encroachment on the suit land. It was also stated by him that he was not aware about the ownership of the plaintiffs over the suit land. Alternatively a plea of adverse possession has been taken by the defendant staling that he is in possession of the snit land since the year 1961.