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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Fuman Singh @ Phuman Singh (Since Deceased) Through His Lrs. – Appellant
Versus
Fauja Singh – Respondent
JUDGMENT :
Virinder Aggarwal, J.
The appellants have instituted the present Regular Second Appeal (hereinafter referred to as "RSA") under Section 41 of the Punjab Courts Act, 1918, assailing the judgments and decrees rendered by the courts below. The appeal is primarily founded on the contention that the findings recorded by the learned Additional Senior Sub-Judge, Fatehabad, and the learned Additional District Judge, Hisar, are contrary to law, founded upon a manifest mis-appreciation of evidence, and have occasioned substantial prejudice to the appellants, thereby warranting the intervention of this Court in exercise of its appellate jurisdiction under the said provision.
2. For the sake of clarity and convenience in the discussion, the parties shall hereinafter be referred to as the plaintiff and the defendant, corresponding to their respective status before the learned Trial Court. The salient and material facts forming the foundation of the present proceedings, which are essential for an informed adjudication of the issues, are briefly narrated as follows:-
"This is a suit seeking a declaratory decree affirming that the plaintiff is the owner in possession of 9 Kanals 15 Marlas
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.
The Regular Second Appeal in Punjab is governed by Section 41 of the Punjab Courts Act, 1918, not Section 100 of the CPC, and minor irregularities do not invalidate a decree without proof of fraud.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
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