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ANIL KSHETARPAL
Sukhmandar Singh – Appellant
Versus
Jangir Kaur – Respondent
JUDGMENT
Anil Kshetarpal, J.
Brief facts of the case:-
1.1 This is the plaintiff's second appeal against the concurrent judgments passed by the courts below while dismissing their suit for the grant of decree of possession with respect to land measuring 177 kanals 15 marlas.
1.2 In order to comprehend the issue involved in the present case, some relevant facts, in brief, are required to be noticed, alongwith the following family tree is required to be noticed:-
Deva Singh
Hazura Singh
Natha Singh
(plaintiff no.1)
Bishan Kaur @ Bishno
Kakkar Singh
Buta Singh
Labh Singh
(plaintiff no.2)
Sher Singh
1.3 Smt. Bishno alias Bishan Kaur was owner of the property. Sh. Natha Singh and Sh. Labh Singh, the plaintiffs, filed a suit for the grant of decree of declaration that in a family settlement the property has fallen into their share against Smt. Bishno. She conceded to the claim of the plaintiffs resulting in judgment and decree dated 23.05.1985. However, the court passed the following brief order, the operative part whereof reads as under:-
1.4 Sh. Sukhdev and Smt. Jangir Kaur filed a civil sui
A consent decree cannot be dismissed on procedural grounds, and adverse possession claims require proof of hostile possession, which was not established.
Possessory rights can be protected until evicted by the true owner, and earlier unexecuted decrees do not operate as res judicata.
The plaintiff's failure to execute a compromise decree within the limitation period barred the suit, and evidence provided by a power of attorney holder was insufficient.
Consent decrees based on family settlements cannot be challenged on incorrect facts unless fraud is proven; registration is not required for such decrees when they involve pre-existing rights.
Possession must be adverse and hostile to establish adverse possession; mere long-term possession does not equate to legal title without evidentiary support.
A claim of adverse possession cannot be sustained if possession stems from an agreement to sell, which legally acknowledges the owner's title.
Mere possession for a long time does not convert permissive possession into adverse possession. The burden of proof rests on the party claiming adverse possession, and unregistered documents may not ....
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