A.L Bahri, J. - (1.) This appeal is by the defendants against the judgment and decree of Additional District Judge, Gurdaspur, dated March 16,1978, whereby judgment and decree of the trial Court were set aside and the suit filed by Charan Singh for declaration that he had become owner of the Land in dispute by way of adverse possession was decreed.
(2.) In the suit the plaintiff claimed to have become owner by adverse possession being in continuos possession of the suit land for a period of more than 12 years. He also prayed for the grant of injunction restraining the defenders from interfering with his possession. He admitted that the land belonged to defendant No 1 Sartaj Singh. The suit was contested by Sartaj Singh defendant inter alia denying the adverse possession of the plaintiff and asserting that Charan Singh was attorney of the defendants and his possession was permissive. In the replication there was no specific denial of Charan Singh being attorney of the defendants. However, generally the allegations were denied. It was re-asserted that the plaintiff was in adverse possession. The following issues were framed in the case: (1) Whether the plaintiff has become owner of the suit land by adverse possession as alleged? OPP (2) Whether the plaintiff is entitled to injunction prayed for? OPP (3) Relief.
(3.) Both the issues (Nos. 1 and 2) were decided against the plaintiff holding that he was not entitled to the injunction prayed for and he was not owner of the suit land by way of adverse possession. In the appeal the findings of the trial Court were reversed.;