- (1.) The challenge in the present petition is to the order dated 12.3.2005, passed by the learned Executing Court, whereby objections filed by the present petitioner in respect of execution of the decree of for possession dated 27.11.1998 of the land in Khasra No. 335/1 (6-0), situated in village Sunam, was dismissed.
(2.) The suit for possession was filed by the plaintiff on the basis of title, alleging therein that the defendant has taken unlawful possession of the property in dispute. The defendant appeared in the suit and asserted that since 1.6.1991, the defendant appeared in the suit and asserted that since 1.6.1991, the defendant is in adverse possession of the property in dispute and the plaintiff never remained in possession since 27.12.1968. It was alleged that earlier the present petitioner was in possession. It was, thus, alleged that the possession of the defendant on the suit property exceeds the period of 12 years and thus, the defendant has become the owner of the suit property by way of adverse possession.
(3.) The learned trial Court decreed the suit for possession on 27.11.1998. In execution of the said decree, the present petitioner filed objections to the effect that the objector is in possession of the land measuring 2 marlas of Khasra No. 335/1. It is alleged that the petitioner has purchased the land measuring 12 kanals 16 marlas and 5 kanals vide two separate sale deeds dated 7.1.1969. The land purchased was vacant and open land and was adjoining to Khasra No. 335/11 (6-0). The petitioner has asserted that the possession of the land was given to Markfed in the year 1969 and to the judgment debtor in the yeas 1991. Thus, the petitioner asserted adverse possession in respect of the land measuring 2 marlas of Khasra No. 335/1.;