GH HUSSAIN Vs. GH QADIR

JUDGEMENT

(1.) THIS review petition arises out of Civil 2nd Appeal No. 32 of 1971 decided by a Full Bench of this court on 18 -1 -1972. Brief facts which gave rise to the civil second appeal may first be noticed.

(2.) THE plaintiff -petitioner, Ghulam Hassan, filed a suit for the recovery of possession of land measuring 1 kanal and 6 marlas situate in Tehsil Kishtwar. According to the plaintiff -petitioner, he entered into an agreement on 21st Chet, 1998 Bk. to sell the suit land to the defendants -respondents. He delivered the possession of the suit land in consequence of the agreement to the proposed vendee after receiving the consideration amount in full. It was stipulated between the parties that a sale deed would also be drawn up in respect of the sale of the suit land. However, no sale deed was executed and the possession of the defendants -respondents remained only permissive over the suit land. Plaintiffs case was that as no sale deed had been executed, he was entitled to take back the possession of the suit land from the defendants. The defendants -respondents, on the other hand, alleged that that they had held the land as owners for a period of over 12 years and had also perfected their title by prescription and that the plaintiff was, as such not entitled to take back the possession from them. He further asserted that the suit was time barred and was liable to be dismissed on that score.

(3.) THE trial court, as well as the first appellate court, negatived the contention of the defendants -respondents and held that as the possession of the defendants -respondents was purely permissive, the plaintiff -petitioner was entitled to succeed in the suit and recover back the possession. It was further observed by both the courts that since the possession of the defendants was permissive their being in possession for a period of more than twelve years was immaterial.