GARJOO Vs. RAM LAL

JUDGEMENT

(1.) THIS civil second appeal is directed against the judgment and decree of the 1st Additional District Judge Jammu dated 31 -1 -1984 whereby he has reversed the judgment & decree of the trial court of Sub Judge Jammu. The appeal was filed after coming into force of the amended Civil Procedure Code.

(2.) MR . J. S. Kotwal appearing for the respondent raised an objection that no substantial question of public importance was by the appellant in the memo of appeal therefore present appeal was not maintainable. He submitted that no such question would arise for determination of this court, therefore this appeal may not considered. However, I after hearing the learned counsel for the appellant for a while allowed him to argue on the point of adverse possession and mode of proof of adverse possession where by ownerâ„¢s title is sought to be extinguished This, in the opinion of the court was a substantial question of importance which needed consideration in this second appeal.

(3.) FACTS lie in brief compass. A suit was brought by the appellant against the respondent for possession of vacant site of land measuring 112Â 1/2 x sft i.e. 10™ x 11™.3 as described in the plaint. The plaintiff had urged that she was the owner of the suit land. The same was gifted to her with shop by gift deed dated 14 3 -1970 which was registered. The possession of the land as also the shop was given to her. She is resident of Udhampur. The same was let out and with the shifting of the General Bus Stand from the Parade Ground the tenant vacated the occupation and handed over the vacant possession to the plaintiff. The defendant -respondent is said to have taken advantage of her absence in the year 1974 and land was tres -passed upon and walls demolished. On this premises possession of the land was demanded back.