R. S. A. No. 3334 of 2005 1
In the High Court of Punjab & Haryana at Chandigarh
R. S. A. No. 3334 of 2005 (O&M)
Date of decision : 19.11.2008
Hoshiar Singh ..... Appellant
vs
Municipal Council, Sonipat .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjay Mittal, Advocate, for the appellant. Rajesh Bindal J.
The plaintiff is in second appeal before this court against
concurrent finding of fact recorded by both the courts below whereby suit
filed by him for declaration to the effect that he had become exclusive
owner of the suit property by way of adverse possession which is in the
hostile knowledge to the Municipal Council- Respondent, was dismissed.
Briefly, the facts are that the plaintiff filed a suit claiming that
he was in possession of the shop in dispute since 1962 continuously and to
the knowledge of the respondent. The possession of the appellant was
hostile and open. As the respondent intended to demolish the said shop, the
appellant filed a suit for permanent injunction which was decreed by the
civil court vide judgment and decree dated 15.12.1995. As a result of
unauthorised possession, the appellant claimed that he had become the
owner of the suit property. Both the courts did not find merit in the claim
made by the appellant.
At the very outset, learned counsel for the appellant was unable
to dispute that in terms of judgment of this court in Bhim Singh and others
vs Zile Singh and others 2006 (3) R. C. R. (Civil) 97, plea of adverse
possession does not give a cause of action to file a suit for declaration
claiming ownership thereof as the same can only be raised as defence in a
suit for possession filed by other party. In the present case, the suit having
been filed by the appellant/plaintiff claiming ownership on the basis of
adverse possession itself was not maintainable.
R. S. A. No. 3334 of 2005 2
As the issue in the present appeal is squarely covered by the
judgment of this court in Bhim Singh’s case (supra), no question of law
much less a substantial question arise. Accordingly, the appeal is dismissed.
19.11.2008 ( Rajesh Bindal) vs. Judge