JUDGMENT

Bhan, J.-Plaintiff-Baijnath since deceased now represented by his legal representatives, the appellants herein, filed the suit for declaration and possession of house known as "Gadaiya Wali Haveli" situated in the town of Bhind. Both the parties are closely related to each other and belong to the same family. The genealogy tree of the family is as under :

Mool Chand

(Died in Samvat 1940)

/

/ /

Sukhwasi Lal Saligram

  / (died on 15.9.1949)

Govind Prasad / (Died Samvat 2002) Baijnath-Plaintiff

(died on 4.2.1980)

/

/ /

Tej Narayan Prayag Naryan

(Both are legal representatives of the Plaintiff)

/ / /

Kishan Shanti Jagdish Swaroop Swaroop Swaroop (Defendant) (Defendant) (Defendant)

2. On 25.2.1879 the original owner mortgaged the house to Mool Chand and his son Sukhwasi Lal. Mortgagor had filed a suit for redemption of the mortgage and a decree for redemption was passed but as he failed to pay the mortgage amount he lost his ownership right in the house and the house remained in the family of Mool Chand. The family was joint at that time.

3. It seems that near about 1928 a partition took place between Sukhwasi Lal and Saligram, predecessors-in-interest of the plaintiffs-appellants and defendants - respondents. The house in dispute came to the share of the predecessor of the appellant Saligram, but Govind Prasad - defendant took forcible possession of the same in the year 1928. Present suit for declaration of title and possession was filed in the year 1955 alleging therein that respondents took forcible possession of the house on 7.7.1949. Two questions arose for determination in the suit : (a) whether the plaintiffs have been able to prove their title over the disputed house; (b) whether the suit of the plaintiffs was barred by limitation in view of the fact that they were not in possession for more than 12 years since 10.7.1928. The courts below as well as the High Court have held that the plaintiffs were owners of the house but they have lost their title to the house as the defendants had perfected their title to the house by adverse possession. Defendants were found to be in possession since 10.7.1928 and the plaintiffs had lost their right to maintain the suit for recovery of possession by lapse of time.

4. The predecessor-in-interest of the appellant Saligram had filed a criminal case against Govind Prasad - defendant, now represented through his legal representatives, the respondents herein, which was got dismissed by him on 5.7.1929 as is evident from the certified copy of the application filed by Saligram (Exhibit D-1) on the record. In this application, it has been mentioned that Govind Prasad who had taken forcible possession of the disputed house on the intervention of some panchas had returned the possession to Saligram and therefore he did not want to pursue the criminal case and the same be dismissed. This application does not bear the signatures of Govind Prasad. There is nothing on record to suggest that Govind Prasad had entered into any such compromise with Saligram and returned back the possession to the appellants predecessor at any point of time. This application simply discloses that Govind Prasad had taken forcible possession of the house in dispute and the alleged compromise in the application is not an evidence to prove that Govind Prasad had returned the possession. This application instead binds the appellants and their predecessor on the point that Govind Prasad had taken possession over the house in the year 1928 and the criminal case filed by Saligram was got dismissed by him by moving an application. T