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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
State of Haryana through Collector – Appellant
Versus
Virender Singh (Deceased) through LRs. – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The present Regular Second Appeal (here-in-after referred to as “RSA”) has been preferred by the appellants–defendants, who is aggrieved by the judgment and decree dated 22.11.1995 rendered by the learned Additional District Judge (II), Jind, whereby the well-reasoned judgment and decree dated 11.06.1992 passed by the learned Additional Senior Sub-Judge, Safidon came to be modified. By way of the instant appeal, the appellants have respectfully invoked the second appellate jurisdiction of this Court, seeking restoration of the decree lawfully granted by the learned Trial Court. It is contended that the impugned judgment has occasioned a serious miscarriage of justice, warranting interference by this Court, and therefore the appellants pray that the decree passed by the learned Trial Court be reinstated in its original form.
2. The factual matrix and the sequence of events preceding, and ultimately culminating in, the institution of the present appeal may be briefly delineated as under:-
“The plaintiff’s case is that Hardei, widow of Bakhtawar, was the recorded owner of agricultural land measuring 26 kanals 5 marlas, comprised in Khewat No. 50, Khaton
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....
Adverse possession requires clear and unequivocal evidence of continuous, open, and hostile possession against the true owner's title, validly pleaded and established.
The main legal point established in the judgment is that adverse possession claims must be supported by evidence and cannot contradict the findings of previous suits.
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