AB AZIZ NAJAR Vs. GH MOHD BABA

JUDGEMENT

(1.) THIS is an appeal against the decree of District Judge Anantnag dated 31 -3 -1971 by which he reversed the judgment and decree of Sub Judge Anantnag dated 30 9 -1 67 dismissing the suit of the plaintiffs -respondents 1, 2, & 3.

(2.) THE suit pertained to land measuring 4 marlas 3 Sirsai and 28 1/2 sqft entered as Abadi Dehâ„¢ under survey No 2684/Min in Mohalla Shan Shaib. Anantnag town. The plaintiffs based their title to it on a registered sale deed dated 14th Poh 1983 (Bik) executed by one, Abdullah Joo Guhnoo, in favour of their father, Shri Abdul Ahad Baba, and alleged that they were in possession until dispossessed from a portion thereof measuring 320 sq. ft. which was built upon and otherwise encroached by the defendants, first in May 1958 and then about six months prior to the institution of the suit. The suit was instituted in November 1961 and the prayer was for possession of the portion encroached upon and for injunction as respects the portion remaining.

(3.) THE defendant N. 2, respondent N. 4 herein, admitted the claim of the plaintiffs. The appellant -defendant No. 1 however contested it He pleaded that the land was in his possession adversely to the plaintiffs from the time of his forefathers for a period of more than thirty years and that he himself had built a shed thereon about fifteen years prior to the suit.