judgment

Dr. ARIJIT PASAYAT, J. —

1.Challenge in these appeals is to the judgment of a learned Single Judge of the Madhya Pradesh High Court in Second Appeal No.180 of 1993. The appellant-plaintiff filed a suit for declaration of his title and permanent injunction in respect of the lands. The plaintiff claimed to be bhumiswami of the land. According to him, deceased Nannu Khan and his son Hafiz Khan-respondent No.1 forcibly secured the possession of the land on 1.7.1970 and deprived him of his rights over the lands. According to him, the defendants had no right or interest to continue their possession over the suit lands. Therefore, the suit was filed. The defendants filed a joint statement and denied title of the plaintiff and pleaded that the plaintiff’s right over the suit land had extinguished as they had perfected their title by adverse possession. Plaintiff used to reside in Bhopal for more than 20 years and the defendants are in possession of the suit lands openly to the knowledge of the plaintiff from 1962. Since their possession over the land was for more than 12 years, the suit is barred by limitation. The trial Court held that the possession of the defendants is not advers