ORDER :

1. Leave granted.

2. The appellant(s) filed a suit for title and injunction on the basis of two sale deeds and also pleaded adverse possession with respect to the suit schedule property. The Trial Court as well as the Appellate Court have concurrently held that the appellant(s) was in adverse possession of the suit schedule property.

3. In the second appeal filed by the respondent(s), the High Court after referring to the facts of the case, allowed the appeal by giving the only reason. That is, the plaintiff cannot maintain a suit for adverse possession.

“Both the courts below have discarded the title of both the parties on the basis of sale deeds in view of findings recorded under Issue No. 6, but decreed the suit of the plaintiff solely on the plea of adverse possession for which there is no justifiable reasons shown in terms of necessary ingredients as well as maintainability of the suit itself.

Resultantly, this court finds that a suit for declaration, on the basis of adverse possession, is not maintainable. This plea is not available to the plaintiff rather this plea is available to the defendant against the plaintiff. This legal proposition if read in conjunction with miss