Law: Specific Relief Act, 1877

Section: 8

Law: Civil Procedure Code (V of 1908)

Section: O.XXVI,R.9

Law: Limitation Act, 1908

Section: 27,28,144

(a) Specific Relief Act (I of 1877)--- ----S. 8---Limitation Act (IX of 1908), S. 27 & Art. 144---Civil Procedure Code (V of 1908), O.XXVI, R.9---Suit for possession of land---Petitioner's claim was that defendant had dispossessed him from suit-land despite stay order passed in previous suit for permanent injunction; and that such stay order was later on vacated on basis of report of Local Commission showing defendant to be in possession of suit-land for last 25 years---Defendant's plea was that suit-land was either evacuee or Shamilat or Abadi deh, which was in his possession for more than 12 years---Defendant produced in evidence such order of vacation of stay passed in pervious suit on basis of report of Local Commission---Dismissal of suit by Trial Court and Appellate Court on basis of such previous order---Validity---Defendant' had not pleaded adverse possession by dispossessing plaintiff or his predecessor from suit-land---Suit-land was neither evacuee nor Shamilat or Abadi Deh, but courts below, on basis of evidence on record, had found same to be owned by plaintiff---Adverse possession had to be proved as open and hostile with a declared denial of title of real owner and to his knowledge---Courts below had ignored point of commencement of limitation, which was a point of time when possession of defendant became adverse to plaintiff---Neither there was any plea nor any evidence of facts constituting adverse possession---Courts below could not have relied upon on such report for not having proved in previous suit or present suit---Such report of Local Commission not produced in evidence had to be proved like an opinion---Local Commission had no jurisdiction to form or give such opinion as his mandate was only to report the situation existing on spot on date of his inspection---Courts below, after returning finding of valid title in favour of plaintiff, had acted without jurisdiction while denying him relief of possession on basis of such previous order---High Court set aside impugned s/ decree and decreed plaintiff's suit with costs throughout including counsel's fee of Rs.10,000. (b) Limitation Act (IX of 1908)--- ----S.28 & Art. 144---Adverse…

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