GHULAM MEHNDI Vs. BIHARI LAL

JUDGEMENT

(1.) THIS civil second appeal has been preferred against the findings of fact and law by two courts below in civil original Suit No. 23/99-A 180/14. The civil suit came to be filed by respondent No. 1 seeking possession of two kholas, one compound of a one storeyed house with compound situated in municipal limits of Poonch. The basis for seeking possession was the sale deed executed by the owners of the property with the defendant. It was averred in the suit that the defendant was put in possession by the owner of the property on 11. 3. 1977 and appellant defendant dispossessed the plaintiff from the suit premises purchased by him vide sale deed dated 10-3-1977.

(2.) THE contention of defendant-appellant was that he was in possession of the property for more than 12 years as such his right has matured into title on the basis of adverse possession. In this respect reliance was placed on a decree passed by Sub Judge, Poonch on 29. 9. 1979.

(3.) THE main controversy involved in appeal is (a) whether the plaintiff/respondent had been put in possession of the property by the erstwhile owners at the time of execution of sale deed and (b) whether the possession of defendant-appellant had matured into ownership on account of adverse possession.