Vineet Kothari, J. - (1.) THE cross objections filed by defendant No. 4, Karim Bux s/o Fateh Mohd. in the year 1980 are being decided now after 35 years by this Court, even though the first appeal No. 82/80 (Hazari Lal s/o Sanwar Mal & anr. vs. Shyam Lal s/o Kanakmal Toshniwal & Ors.), in which such cross objections were filed, itself came to be dismissed as not pressed by the appellant Hazari Lal s/o Sanwarmal on 18/1/2010.
(2.) THE case has a long chequered litigation history and the introductory facts in a nutshell are like this. The present civil suit No. 13/77 (10/71) was filed on 5/7/1971 by plaintiff - Sanwar Mal s/o Tansukh Ram, who was substituted by his legal representatives; Hazari Lal, Mohan Lal and Smt. Gulabi wd/o Sanwar Mal in the suit itself, against the defendants Shyam Lal s/o Kanakmal Toshniwal, Chhogalal s/o Dhoola Daroga, Chouthmal s/o Fathuram & Karim Bux s/o Fateh Mohd. for declaration & perpetual injunction in respect of the suit property, which is a plot of land measuring 76' x 76' situated at Gadri Kheda, now known as Gandhi Nagar, Bhilwara. The suit was dismissed on 14/8/1980 by the learned trial court of Addl. District Judge, Bhilwara (Judge P.O. Shri Gopal Lal Gupta, RHJS, who was later on was elevated and retired as Hon'ble Judge of this Court, as his Lordships then was) deciding almost all the issues against the plaintiffs Hazari Lal s/o Sanwar Mal. The plaintiff claimed in the suit that he was in possession of the said suit plot of land for a period of more than 12 years and, therefore, on the basis of adverse possession, he be declared owner of the same as he was carrying on the business of selling "stone pattis" on the said suit plot in the name & style of M/s. Sanwarmal Tansukh Ram. The plaintiff further alleged in the suit that defendant No. 1 Shyam Lal s/o Kanakmal Toshniwal was not the owner of the said suit plot nor the defendant No. 4 Karim Bux s/o Fateh Mohd. was the owner and, therefore, they be injuncted not to interfere with the peaceful possession of the plaintiff. The learned trial court framed 07 issues including the issue No. 6 regarding the ownership claimed by defendant No. 4 Karim Bux s/o Fateh Mohd.
(3.) THE finding on issue No. 6 against defendant No. 4 - Karim Bux by the learned trial court are quoted below for ready reference: - - ;