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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Pal Sai S/o Gyan Sai – Appellant
Versus
Girvar S/o Hawal Sai – Respondent
JUDGMENT :
RAVINDRA KUMAR AGRAWAL, J.
1. This second appeal under Section 100 of the Code of Civil Procedure, 1908, has been preferred by the appellants/defendants calling in question the legality, validity and propriety of the judgment and decree dated 12.05.2014 passed by the learned 2nd Additional District Judge, Ambikapur, District Surguja (C.G.) in Civil Appeal No.50-A/2012, whereby the appeal preferred by the respondents/plaintiffs has been allowed and the judgment and decree dated 19.03.2012 passed by the learned Civil Judge Class- II, Sitapur, District Surguja in Civil Suit No.31-A/1989 (earlier Civil Suit No.12A/2007) dismissing the suit as barred by limitation has been set aside, and the respondents/plaintiffs have been held entitled to recovery of possession of the suit land as described in Schedule-B appended to the impugned judgment and decree. The appellants, being aggrieved by the reversal of the trial Court’s findings on limitation and possession, have raised various substantial questions of law relating to limitation, amendment of pleadings under Order VI Rule 17 CPC, accrual of cause of action, and the legality of the findings recorded by the first appellate Court.
2
The appellate court upheld that plaintiffs' title validly established, and amendments to pleadings for possession did not change the suit's nature, ensuring compliance with statutory limitation.
The suit for possession based on title is governed by Article 65 of the Limitation Act, allowing 12 years from the date of adverse possession, not Article 58.
Possession must be open, continuous, and adverse to establish adverse possession; failure to prove this invalidates claims of ownership.
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