GARIBU Vs. BHAGAT LAKHSHAMI NARAIN

JUDGEMENT

(1.) THIS is defendants second appeal and arises out of a suit instituted be plaintiff Lakhshami Narain for possession of house and the adjoining vacant land situate in Mohalla Gandoo Ki Chhawani, Jammu. Tin case for the plaintiff, as disclosed by the plaint was that he was the brother of one Bishen Das and is his legal heir. L. Bishen Dass had acquired mortgagee rights by virtue of adverse possession over the land in dispute and the defendants without any right or title are in possession of the property in dispute. Hence the suit for possession.

(2.) THE defendant resisted the suit on the ground that they had inherited the land from one Lassue and are the owners of the property mentioned in the plaint. The plaintiff has thus no right to possession.

(3.) THE sole question for consideration in this 2nd appeal is whether adverse possession of l. Bishen Dass over the property in dispute has been established. The Courts below have held that the plaintiff has proved the adverse possession of his predecessor -in -interest who acquired mortgagee rights by virtue of prescription.