SHIBA MAL Vs. SIRI RAM

JUDGEMENT

(1.) The question raised in this appeal is "whether a stranger becomes an owner by adverse possession after getting it redeemed from the mortgagee". Brief facts giving rise to the question are these:

(2.) That defendants controverted the allegations and contended that the suit was barred by time Smt. Chando had no right to gift the property, the defendants had become owners and mortgagees of the property in dispute, the gift in favour of the plaintiff was cancelled in a compromise decree and the plaintiff alleged to have relinquished his right in the property in dispute, the suit in the present form was not maintainable, the estate of Smt. Chando was inherited by the defendants and their predecessors-in interest, the land in dispute was redeemed in the year 1943 by the defendants and their predecessors-in-interest, the plaintiff is estopped from filing the present suit. The defendants further claimed improvements on the land in dispute.

(3.) On the pleadings of the parties, the following issues were framed: