T.P.S.MANN.J. - (1.) KEHAR Singh-respondent filed a suit for declaration that he was in exclusive possession of land measuring 13 bighas 14 biswas, situated in village Bauran. He also sought consequential relief so as to restrain the appellants and Bawa-respondent No. 2 from interfering in his peaceful possession over the same.
(2.) RELIEF of declaration was declined by the learned trial Court. However, the defendants were restrained from interfering in the possession of Kehar Singh-respondent or dispossessing him from the suit land illegally, forcibly or otherwise than in due process of law. Appeal preferred by the plaintiff was accepted by the learned first appellate Court and a declaration was granted that the plaintiff was owner in possession of the land in suit. The defendants were restrained from alienating the same to any one. Aggrieved of the same, four of the five defendants filed the present second appeal in this Court. The case of the plaintiff was that Bachan Singh and Amar Singh, who were predecessors-in-interest of the defendants had sold the land in dispute to him for Rs. 5,000/-, besides delivering its possession in May, 1961. However, no sale deed was executed. Ever since then he was in possession of the land as its owner upon which he constructed a kotha, besides installing a tube-well. Ever since May, 1961, he was in adverse possession of the land for a period of more than 12 years which had ripened into ownership. Therefore, he be declared as owner of the suit land and the defendants be restrained from interfering in his peaceful possession.
(3.) THE claim of the plaintiff was challenged by the defendants by asserting that Bachan Singh and Amar Singh never sold the land to the plaintiff. In fact, the plaintiff entered into possession of the land as a tenant in the year 1960. However, later on, at the back of their predecessors, he got false entries made in the revenue records about his possession being on account of sale in his favour with no liability to pay rent. Therefore, the possession of the plaintiff was not adverse to the defendants. They, accordingly, prayed for dismissal of the suit.;