NANDA Vs. RISALA

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiffs against the judgment and decree of the Additional District Judge, Karnal, dated 22.11.1976.

(2.) BRIEFLY the case of the plaintiffs is that the land comprised in Khewat Nos. 63 and 65, half share in Khewat No. 64 and 3/8th share in Khewat No. 66, belonged to them. It is alleged that some years back they had left the village and entrusted the management of their land to the defendants who had been paying the produce of their share to them. In Rabi, 1961, they had stopped paying the share of their produce to them. They consequently filed a suit for declaration that they were the owners of the land in dispute and in the alternative prayed for its possession. The defendants contested the suit and, inter alia, pleaded that the plaintiffs had abandoned their land and that they (defendants) had been in its adverse possession without paying any rent for more than twelve years. They averred that consequently they had become owners by adverse possession. It was also pleaded that the suit was not within time.

(3.) THE trial Court held that the plaintiffs were the owners of the land in dispute, that the suit was within limitation and that the defendants had not become owners of the property by adverse possession. In view of the aforesaid findings, the trial Court granted a decree for possession in favour of the plaintiffs. The defendants went up in appeal before the Additional District Judge, Karnal, who modified the judgment and held that the plaintiffs had failed to prove the suit within time regarding Khewat Nos. 63 and 65. Consequently, he partly accepted the appeal, modified the decree and dismissed the suit regarding Khewat Nos. 63 and 65. The plaintiffs have come up in second appeal to this Court.