GH QADIR Vs. GH HUSSAIN

JUDGEMENT

(1.) THIS is a defendants appeal in a suit brought by the plaintiff for recovery of possession of the land in dispute from the defendant. The facts giving rise to this appeal may be summarized as follows.

(2.) THE plaintiff respondent filed a suit for recovery of pos ­session of 1 Kanal and 6 Marlas of land comprising Khasra No. 1850 in Tehsil Kishtwar. The proposed vendor. Qadus, exe ­cuted an agreement to sell the land in dispute for a sum of Rs. 400 in favour of the appellant Ghulam Qadir. This agreement was executed on 21st Chet. 1998 (Bikrami). Possession of the land in dispute was delivered to the proposed vendee at the time of execution of the agreement. The proposed vendor Qadus received the entire consideration money of Rs. 400 but did not execute the sale deed. The present suit for possession was insti ­tuted on 17th Assuj, 2021 = 1 -10 -1964.

(3.) THE suit was resisted by the defendant mainly on the ground that his possession under the agreement of sale became adverse from the date of its execution and therefore the defen ­dant acquired title by adverse possession.