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2018 Supreme(P&H) 1838

ANIL KSHETARPAL
Sarbir Singh (Satbir Singh) – Appellant
Versus
Chander – Respondent


Advocates Appeared:
For the Appellants : Mr. Deepak Thapar, Mr. Jagjot Singh for Mr. Kunal Dawar
For the Respondent: Mr. Sanjay Vashisth

JUDGMENT :

Anil Kshetarpal, J.

This regular second appeal is filed by defendants-appellants against the concurrent findings of fact arrived at by the courts below.

2. This judgment shall disposed of Regular Second Appeal No. 4579 of 2012 and Regular Second Appeal No. 1045 of 2013, arising out of the same suit passed by the learned trial court and the learned first appellate court.

3. It is not in dispute that there was a previous litigation between the parties when predecessor-in-interest of the appellants-defendants filed a suit for possession against the predecessor-in-interest of the plaintiffs-respondents. In the previous suit, which was decided on 23.08.1976, the suit filed by the predecessor-in-interest of the defendants-appellants for possession was dismissed after recording a finding that the suit filed by the plaintiffs in that suit and predecessor-in-interest of the defendants-appellants herein was barred by time and the defendants have become owners by adverse possession. The relevant finding of the court in a previous inter-parties suit is extracted as under:-

"It is also well settled law that the adverse possession begins when one becomes entitled to the possession of the l









































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