JAHAN SINGH Vs. DELHI PINJRAPOLE SOCIETY REGISTERED
LAWS(P&H)-2012-7-34
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 09,2012

JAHAN SINGH Appellant
VERSUS
DELHI PINJRAPOLE SOCIETY REGISTERED Respondents

JUDGEMENT

L.N.MITTAL,J. - (1.) C. M. No. 8183-C of 2011 : Allowed as prayed for.
(2.) C. M. No. 8184-C of 2011 : This is application for impleading legal representatives of Sucha Singh � defendant no.2 (since deceased). It is alleged in the application that Sucha Singh has left behind widow, two sons and four daughters, mentioned in paragraph 2 of the application, as his only legal representatives. The application is accompanied by affidavit. Accordingly, the application is allowed, subject to all just exceptions and persons mentioned in paragraph 2 of the application are ordered to be brought on record as legal representatives of Sucha Singh � defendant no.2 (since deceased), for the purpose of this appeal. Main Appeal : This is second appeal by defendants no.1 and 3 along with legal representatives of defendant no.2 (defendants no.1 and 3 also being among the legal representatives of defendant no.2), having failed in both the courts below. Respondent no.1-plaintiff (a registered Society) filed suit against defendants no.1 to 3 and Harnam Singh � defendant no.4 (since deceased and represented by proforma respondents no.2 to 4 as his legal representatives) for possession of the suit land alleging that the plaintiff is owner of the suit land measuring 30 bighas pukhta. The same was given to defendants as licensees for making it cultivable under control and management of the plaintiff. Defendants' license has been terminated on 23.10.2004, but the defendants failed to hand over the possession of the suit land to the plaintiff. Accordingly, plaintiff filed suit for possession of the suit land.
(3.) DEFENDANTS broadly denied the plaint averments and pleaded that they are in possession of the suit land for more than 30 years and their possession has matured into ownership by adverse possession. They reclaimed the suit land, which was banjar kadim and made it cultivable by spending Rs.5,000/- per annum on development of the suit land. Accordingly, the defendants claimed to be owners by adverse possession.;


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