- (1.) The dispute in this appeal pertains to 24.5 cents of land in respect of which a litigation had commenced about 29 years ago.
(2.) The appellant had filed a suit for declaration, injunction and possession in respect of 1.46 cents of land being OS No. 645 of 1970. Thereafter, the defendant in the said suit filed OS No. 3 of 1971 against the appellant herein. The said suit was also for declaration, injunction and possession in respect of about 1.60 cents of land including therein 24.5 cents of land with which we are concerned in the present case.
(3.) Both the suits were tried together. The trial court came to the conclusion that insofar as 24.5 cents of land is concerned, which alone is the subject-matter of this appeal, the respondents were in possession of the said 24.5 cents of land but they had not perfected the title by adverse possession inasmuch as there was no evidence to show that their possession was hostile to the real owner and amounted to denial of his title to the property claimed and that it continued for a period of 12 years. It seems that partial relief was granted to both the sides by the trial court but insofar as this parcel of land of 24.5 cents is concerned the claim of title to the same by the respondents on the basis of adverse possession was not accepted.;