MUNSHI Vs. KRISHNAN

JUDGEMENT

(1.) THIS appeal arises out of a suit for declaration at the instance of the plaintiff-appellants to the effect that they and defendant No. 5, Shibban, had become owners of the suit land measuring 210 Bighas 7 Biswas by adverse possession for a period of more than hundred years and for grant of an injunction restraining defendants 1 to 4 from interfering with their possession.

(2.) THE plaintiffs based their claim in the Court on the allegations that they and defendant No. 5 were the descendants of a common ancestor and for over hundred years the ancestors of the plaintiffs and defendant NO. 5, and later on the plaintiffs and defendant No. 5 themselves, had been in possession of the suit land as owners and that their hostile possessory rights over the suit land had matured into ownership rights. It has been further alleged that Ram Singh, ancestor of defendants 1 to 4, had got issued the notices of ejectment to the plaintiffs during the years 1997 Bk. And the plaintiffs had filed a suit and got those notices cancelled vide the order of the Assistant Collector, First Grade, Sunam, dated Jeth 2, 1999 Bk. On the basis of the said order, mutation No. 2456 about the ownership was sanctioned in favour of the plaintiffs and defendant No. 5 on 12-6-1960, but the Assistant Collector. First Grade, vide his order, dated 25-9-1960, set aside that mutation, which order led to the filing in the present suit.

(3.) DEFENDANT No. 5 supported the claim of defendants 1 to 4. Defendant No. 4 did not contest the suit and he was proceeded against ex parte. Defendants 1 to 3 were the main contestants before the Courts below. They denied that the plaintiffs were in hostile possession of the land in dispute. In fact, it was pleaded that the plaintiffs and defendant No. 5 were in permissive possession of the land in their possession.