Law:

Section:

Adverse possession-Suit based on title simpliciter-Plaintiff not permitted to rely on plea of adverse possession in appeal Plea of adverse possession not implicit in plea of exclusive ownership. Plaintiffs' suit for possession was based on title simplici­ter derived from a deed of sale in their favour. No alternative plea of perfection of title by adverse possession was taken in the plaint. Such a plea was raised for the first time in appeal but was negatived by the District Judge. Argument in second appeal was confined to the question of adverse possession only though that question did not find mention in the grounds of appeal. Held, that plaintiffs were precluded from raising the plea of adverse possession at that stage. Further, that a declaration of title may be given on proof of 12 years' adverse possession but such a declaration cannot be given unless a title based upon adverse possession has been distinctly set up in the plaint and raised in the issues. Plea of adverse possession is not implicit in a plea of exclusive ownership. Shrimoni Gurdwara Parbandhak Committee and another v. Prem Das and another I L R 13 Lah. 677, I L R 2 Cal. 418, 28 All. W N 277 and I L R 31 Mad. 531 rel. I L R 14 Cal. 592, I L R 22 Cal. 324, I L R 29 All. 184, I L R 25 All. 498 and I L R 39 Bom. 399 distinguishable on facts. JUDGMENT MUHAMMAD YAQUB ALI KHAN, J.---This appeal arises out of a suit filed by the plaintiff-appellants for possession of 6 kanals and 8 marlas of land comprised in fields Nos. 182 and 183 situated in village Pira Ghaib, Tehsil Jhelum. The suit was partly decreed and an appeal taken against it by the plaintiffs has been dismissed by the learned District Judge. Aggrieved by the decrees passed by both the Courts below the plaintiff have come up in second appeal before me. The land in suit originally belonged to Buland Khan and his brothers Diwan Ali and Tikka Khan. Jahan Khan defendant-respondent No. 1 is the son of Tikka Khan and Inait, defendant-respondent No. 2, is son of Diwan Ali. Buland Khan alone sold the suit land to Rassu, the predecessor­-in-interest of the plaintiffs and Mat. Baggi, defendant-respon­dent No. 3 by means of a sale deed dated the…

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