Adverse possession alone cannot be used to claim ownership of the property.

JUDGMENT :

This is a plaintiffs’ Second Appeal, arising out of the concurrent judgments rendered by the Court of Civil Judge (J.D.), Kashipur, District Udham Singh Nagar, in Suit No. 183 of 2009, Jagir Singh and others Vs. Dara Singh and others. The Suit, in question, as preferred by the plaintiffs/appellants on 2nd September, 2009, the plaintiffs have sought a degree of the following nature :-

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c- [kpkZ eqdnek o nhxj nknjlh ykHkdkjh tks oknhx.k ls muds gd esa lkftn QjekbZ tk;sA^^

2. In fact, if the modulation of the reliefs sought by way of a decree of declaration of title, over the disputed land, before the Court below is taken into consideration, that was exclusively for a decree of declaration of the plaintiffs, as to be the exclusive owner of the disputed property and the declaration was also sought in that regard.

3. The Suit was contested by the defendants by filing their written statement being paper No.25-Ka, and after the contest being put in, the learned Trial Court on the basis of the pleadings exchanged after the replication paper No. 26 Kha, between the parties, has framed the following issues :

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2- D;k oknhx.k iz'uxr vkjkth ds ekfyd/kksf"kr gksus ds vf/kdkjh gS \
3- D;k oknh }kjk okn dk ewY;kadu de fd;k x;k gS rFkk iz)Rr U;k;'kqDy vi;kZIr vnk fd;k x;k gS \
4- D;k bl U;k;ky; dks okn lquus dk {ks=kf/kdkj izkIr gS \
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4. The learned Trial Court while considering the rival contentions and particularly, while deciding issue No.1, had made a very categorical observation, that the declaration, which was sought by the plaintiffs/appellants, was in relation to property being Khasra No. 91 having an area 0.093, hectares situated in village Kachalnal Gaji, Tehsil Kashpur, District Udham Singh Nagar.

5. In support of his contention, the plaintiffs had placed on record and relied on the Khatoni entries, paper No. 32 Ka/14, in relation to land lying in Khasra No.91, but however, the said document, which was placed on record in support of his contention for declaration of his right in relation to Khasra No. 91, in fact, the document relied by the plaintiffs was actually in relation to Khasra No. 166 and the property in dispute, i.e. khasra No. 91, it had never constituted as to be the part of khatuni paper No. 32 Ka/14.

6. On the other hand, the defendants in support of their case, had placed on record paper No. 65-Ga, in which, the property was described therein was in relation to the different property altogether, which was other than what was the relief sought in the Suit, in question, i.e. it was in relation to the land against which they were recorded as bhumidhar.

7. It needs no judicial reference that a long standing possession, may not itself lead to an inference, for declaration of a right or title over the property by virtue of a claim based on an adverse possession, and that has been consistent stand, which has been laid down by the Courts of Law, including the Hon’ble Apex Court and the various other High Courts of the Country, that merely an adverse possession is exclusively only for the purposes of retaining the possession by getting a degree of permanent injunction, but adverse possession in itself cannot be utilised as a weapon to declare himself or herself, as to be an owner of the property merely because of the long standing possession.

8. Owing to the relief clause, which has been extracted above, this Court is of the view that in the absence of there being any modulation of a degree, to the effect of grant of decree of permanent injunct