SUKHDEV SINGH Vs. SUNDER AND ORS

JUDGEMENT

(1.) For the reasons stated in the application, which is supported by an affidavit, the delay of 126 days in filing the appeal has been sufficiently explained and is accordingly condoned.

(2.) Plaintiff's Civil Suit No. 2/1 of 2003, titled as Sukhdev Singh v. Sunder and Ors., was dismissed by the Court of Civil Judge (Jr. Division), Bilaspur, District Bilaspur, in terms of judgment and decree dated 27.10.2006. The plaintiff's Civil Appeal No. 104 of 2006, titled as Sukhdev Singh v. Sunder and Ors., arising out of the same also stands dismissed by the District Judge, Bilaspur (H.P), in terms of judgment and decree dated 31.5.2008.

(3.) Both the Courts below have concurrently held that the plaintiff failed to prove that he had become owner by way of adverse possession of the suit land. Consequently, plaintiff's suit for declaration that he is owner in possession of the suit land comprised in Khasra No. 260/211, measuring 6-16 Bighas, situate in Village Nehar, Pargana and Tehsil Sadar, District Bilaspur, H.P. (hereinafter referred to as the suit land) by way of adverse possession stands dismissed.