Judgment

Mr. Anil Kshetarpal, J.

The Regular Second Appeal in the States of Punjab and Haryana and Union Territory, Chandigarh is governed by Section 41 of the Punjab Courts Act, 1918 and not by Section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.

2. In this regular second appeal, the defendants assail the correctness of the judgment passed by the First Appellate Court, which, in turn, has reversed the judgment and decree passed by the trial Court. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed.

3. On 08.08.1986, the respondents (plaintiffs) filed a suit for grant of decree of declaration that they are the owners in possession of the agricultural land measuring 57 kanals 7 marlas as they have perfected their title by way of adverse possession/with prescription of time. In substance, the plaintiffs claimed that their predecessor, namely Jassa Ram, their father, was in the cultivating adverse possession of the agricultural land, who died in the year 1984. Jassa Ram was in the continuous posse