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1928 Supreme(Lah) 449

COLDSTREAM
Mian Pirthi – Appellant
Versus
Hans Raj – Respondent


JUDGMENT

Coldstream, J. - The appellants are proprietors of village Mansowal in Garhshankar tahsil of Hoshiarpur District. A certain area of land in the village, admittedly the property of the appellants, was recorded as a public thoroughfare. The respondents, who are occupancy tenants in the village, have appropriated parts of this thoroughfare by erecting huts, etc., upon it. The appellants sued for an order against the respondents to remove the erection or put the appellants in possession, alleging that the respondents had put up the huts, etc., four years previously. The respondents pleaded that they had acquired a prescriptive title in the site by adverse possession. The trial Court found that the respondents had taken possession of the site in 1921 and that the suit was not barred by limitation. The Subordinate Judge accordingly gave a decree in the plaintiffs' favour in the form of a perpetual injunction against the obstruction of the thoroughfare by the respondents. The respondents appealed. The District Judge confirmed the finding that the respondents had taken possession in 1921, but holding that the suit was barred by Article 32, Lim. Act, he accepted the appeal and dismi

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