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1992 Supreme(P&H) 258

G.R.MAJITHIA
Ajmer Singh – Appellant
Versus
Surjit Singh – Respondent


Judgment

G.R.Majithia, J.

1. This Regular Second Appeal is directed against the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and dismissing the suit of the plaintiff-appellants for possession of the suit land.

2. The facts :-

The suit land was owned by one Sahnu Ram, who sold the same to Bugar Singh and others vide sale deed, dated November, 26, 1957 and the latter sold it to the plaintiff-apellants (hereinafter the plaintiffs) vide sale deed dated May 27, 1959. Mutation on the basis of the sale deed was sanctioned in favour of the plaintiffs on January 31, 1962. The plaintiffs instituted the suit for possession on February 3, 1976.

The defendant-respondents (hereinafter the defendants) pleaded that their father Nek Singh was in possession of the suit land since 1950 and on his death they entered into possession of the suit land and had become owners thereof by adverse possession.

3. The pleadings of the parties gave rise to the following issues :-

(1) Whether the plaintiffs are the owners of the suit land ? OPP.

(2) Whether the defendants have since become owners of suit land by say of adverse possession ? OPD.

(3) Whether the plaint





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