CHOTI AND OTHERS Vs. AMARJIT SINGH AND ANOTHER

JUDGEMENT

(1.) The appellants-defendants are aggrieved of the judgment and decree rendered by the lower Appellate Court, whereby the respondentplaintiff has been declared owner of the suit property, on the basis of the adverse possession.

(2.) All these factors have not been noticed, much less, appreciated by the lower Appellate Court, thus, urges this Court to formulate the following substantial questions of law:-

(3.) Mr. Kanwaljit Singh, learned Senior Counsel assisted by Ms. Gurdeep Kaur, appearing on behalf of the respondent-plaintiff submits, that the agreement was in respect of land measuring 4 marlas being adjoining to the land of the respondent-plaintiff. The witnesses of the defendants admitted the execution of the agreement, therefore, proving of the same pales into insignificance. The writing Ex.P-1 ex facie shows the possession had been handed over, it is, in these circumstances, adverse possession was claimed. The lower Appellate Court being the last Court of fact and law, after appreciating the oral and documentary evidence, rendered a finding in a correct perspective, thus, urges this Court for affirming the findings, under challenge. I have heard the learned counsel for the parties and appraised the paper book.