- (1.) HEARD Sri Jagdish Prasad, counsel for the appellant and Sri V. K. Bisht, Sr. Advocate, assisted by Ms. Sangeeta Miyan, counsel for the respondents.
(2.) BY the present first appeal filed under Section 96 of the Code of Civil Procedure, the plaintiff-appellant has prayed for setting aside the judgment and order dated 22-4-2004 passed by Addl. District Judge II, (Fast Track Court), Udham Singh Nagar in Civil Suit No. 5 of 2002 Fariyad Hussain Vs. Subhash Chondra and others dismissing the suit of the plaintiff-appellant for declaration in respect of plot no. 341 Min area 0. 036 hectare of village Amratpur Tehsil Kashipur-Jaspur, District Udham Singh Nagar. Briefly stated, a suit was filed by the plaintiff for a declaration that he has acquired the ownership of Gata No. 341 area 0. 036 hectare by way of adverse possession. The civil Court has framed as many as two issues to the following effect: 1- Whether the adverse possession of the plaintiff over the disputed land has become matured ? 2- To what relief the plaintiff is en titled ?"
(3.) ISSUE No. 1 was decided by hold ing that the plaintiff has failed to prove that he has been in adverse possession. However, his possession is like a tenant of the premises. Issue No. 2 thereafter was de cided by holding that the plaintiff is not entitled for any relief since the plaintiff-appellant is already in possession. Discussion on Point Nos. 1 and 2.;