Satish Kumar Mittal, J. - This reference has been made by the learned Single Judge for consideration of the following question of law by a Larger Bench, which is arising in large number of cases before this Court as well as before the Subordinate Courts :-

"Whether the plaintiff is competent to seek declaration of title of the property by adverse possession, or whether the same is available only to the defendant to plead the same as defence in a suit for possession filed by the plaintiff on the basis of title ?"

2. It has been noticed by the learned Single Judge that as far as this Court is concerned, it has been consistently held in several decisions, i.e. Bhim Singh and others v. Zile Singh and others, (2006-3) PLR 159, Dewaki and others v. Dayawanti and others, 2006 (3) RCR (Civil) 75, Kanak Ram and others v. Chanan Singh and others, 2007 (2) RCR (Civil) 213, Himat Rai v. Kehar Singh, (2008-4) PLR 624 and Gurudwara Sahib Sanauli v. State of Punjab and others, (2009-2) PLR 756, that the plaintiff cannot maintain a suit for declaration declaring him to be the owner of a suit property on the plea of adverse possession, as the plea of adverse possession can only be raised in d