SERVESH KUMAR GUPTA, J.

Since both these appeals put challenge to the same judgment and order dated 28.2.2015 rendered by the 8th Additional District Judge, Dehradun while adjudicating the Civil Appeal No. 72/2010,Dr. Rahul Khanna v. Sukhram, hence these are being taken up together for passing this verdict.

2. At the time of admission of Second Appeal No. 54/2015, following substantial question of law was formulated:

“Whether long peaceful, uninterrupted possession in knowledge of true owner can be referred to as permissive possession when the occupier had raised constructions of permanent nature in knowledge of true owner?”

3. At the time of admission of Second Appeal No. 57/2015, following substantial questions of law were formulated:

“1. Whether plaintiff could have claimed any right over the property in question on the basis of alleged sale-deed dated 28.9.1991 allegedly executed by grandsons of late Rani Padmawati, who already lost her right/title over the property in question by virtue of Section 27 of the Limitation Act, on failure to institute suit for possession against defendant within prescribed period of limitation?

2. Whether once alleged Will dated 24.12.1975 in f