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2022 Supreme(P&H) 849

H. S. MADAAN
Rajbir – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
Mr. S.P. Chahar, Advocate, for the Appellant.

JUDGMENT

H.S. Madaan, J. (Oral) - Petitioner Rajbir, is plaintiff in a suit for declaration and possession filed against defendant Ashok Kumar and others, which suit the defendants are contesting statedly raising plea that they have been in continuous uninterrupted possession of the suit land for more than 12 years and their such possession has ripened into ownership. Initially issues were struck by the trial Court, vide order dated 15.02.2017. Thereafter the defendants came up with an application for framing of an additional issue with regard to plea of adverse possession having been taken up by them. Though that application was contested by the plaintiff vehemently but it was allowed by the trial Court, and an additional issue No.8 was struck as follows:-

    "Whether the defendants are in physical continuous possession of the suit land since 15.03.1997 without paying any rent to the owner and their possession has become adverse and the defendants have become owners of the suit property by way of adverse possession? OPD."

    2. Framing of this issue left the plaintiff aggrieved, and he has filed the present revision petition.

    3. I have heard learned counsel for the revisionist/plaintiff be

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