GURUSHARAN SHARMA,J. - (1.) ORIGINAL plaintiff, Mostt Lagni, wife of Tulsi Sao filed Title Suit No. 62 of 1976/2 of 1982 against defendant, Bhakoo Sao for declaration of title and interest over 6' x 53' land, being part of Plot No. 555 towards northern side running from east to west and for permanent injunction restraining defendant from interfering with her possession over the suit land.
(2.) ADMITTEDLY plaintiff was owner of plot No. 555 and defendant was owner of continuous north plot No. 554. Dispute was whether suit land was part and parcel of Plot No. 555 or Plot No. 554. According to plaintiff, some time in the year 1963, while constructing his house over Plot No. 554, defendant claimed northern vacant portion of Plot No. 554 and wanted to extend construction thereon, which was resisted. The defendant filed complaint case in Criminal Court, against the plaintiff and her husband, who were convicted and were sentenced to pay fine. Thereafter, defendant being embolded by decision in the said criminal case, started claiming his right over the suit land. Hence this suit.
(3.) DEFENDANT on the other hand pleaded that on 15.12.1947, he purchased plot No. 554 with pre -existing compound wall on its western side, which was touching the northern wall of plaintiff's house over Plot No. 555. On 3.11.1969, plaintiff demolished a portion of his western compound wall, for which complaint case was filed, wherein plaintiff and her husband were convicted as sentenced. Plaintiff was never in possession of the suit land. Defendant came in possession thereof after his purchase in 1946 and confirmed his right, title and interest by adverse possession, to the knowledge of plaintiff as well as whole world.;