R.C.LAHOTI, ARUN KUMAR
Bondar Singh s – Appellant
Versus
Nihal Singh – Respondent
Key Points: - The High Court is justified in setting aside findings of fact in a second appeal under Section 100 C.P.C. if those findings are contrary to the evidence on record and perverse (!) . - An unstamped and unregistered sale deed, while inadmissible to convey title, can be looked into for the collateral purpose of determining the nature of a party's possession (!) . - The plaintiffs were found to be in continuous and uninterrupted possession of the suit land since 1931, asserting a hostile title against the defendants (!) . - The defendants' claim that they took possession of the land in 1957-58 was found to be false based on their continued litigation before revenue authorities until 1962 (!) (!) . - The plea of sub-tenancy (shikmi) raised by the defendants was rejected because it was not pleaded in the written statement and lacked supporting evidence (!) (!) . - The Supreme Court dismissed the appeal, affirming the High Court's decision that the plaintiffs had established their title by adverse possession (!) (!) .
JUDGMENT
Arun Kumar, J.-This appeal is directed against the judgment and decree dated 16th November, 1998 passed by the Indore Bench of the High Court of Madhya Pradesh. As a result of the decision of the High Court the suit filed by the plaintiffs/respondent was decreed. The plaintiffs had filed a suit for declaration that they had become owners of the lands in suit by adverse possession and for injunction to restrain the defendants from interfering with the plaintiffs possession of the suit lands. The trial Court had decreed the suit, however, the appeal filed by the defendants against the trial court judgment was allowed by the Additional District Judge, Dhar, M.P. and the suit was ordered to be dismissed. Further an appeal filed by the plaintiffs against the said judgment of the Additional District Judge was allowed by the High Court and the suit was finally decreed.
2. Briefly the facts are that the plaintiffs (respondents herein) claim title to the land in suit on the basis of the plea that they had become its owners by adverse possession. The land was owned by one Fakir Chand predecessor in interest of the appellants herein (defendants in the suit). Fakir Chand sold the land
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