JUDGMENT :- This appeal arises out of a suit filed by the appellant for declaration of his title with regard to the property in dispute and for permanent injunction to restrain the defendants from interfering with the possession of the plaintiffs. The plaintiffs claimed title to the property and maintained that they were in possession thereof. The defendants denied the averments made by the plaintiffs and asserted that the plaintiffs were neither the owners of the property in question nor were they in possession thereof. They set up their own possession over the property. They also pleaded that they had perfected their title by remaining in adverse possession thereof.

The trial court on a consideration of the evidence found that the plaintiffs were the owners of the property in question but found that they were not in possession. In view of the same, the trial court also repelled the contention of the defendants that they had perfected their title by adverse possession. On these findings, the suit was dismissed.

2. The plaintiff Ganpat Singh filed an appeal against that decision in the court of the District Judge. The appeal was heard by II Temporary Civil and Sessions Judge, Pratapg

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