Brij Narayan Shukla (D) Th. LRs. vs. Sudesh Kumar @ Suresh Kumar (D) Th. LR’s. & Ors. (SC)

Permanent Injunction & Possession–Decree of–Set aside on the ground that the title of defendants perfected on the basis of adverse possession–Justification–Claim of plaintiffs that they purchased the land on 20.01.1966 from the erstwhile Zamindar–View of High Court that the suit filed by the plaintiffs was barred by limitation–High Court has not recorded any findings that the plaintiff-appellants were not the owners of the suit property–Earlier suit of year 1994 was for the arrears of rent and not relatng to any dispute of possession–Possession of the defendants was permissive and there was no question for them claiming any adverse possession from 1944–Plaintiff/appellants got their title under the registered sale deed on 21.01.1966 and the suit was filed in the year 1975 which was in the limitation of 12 years–Even if, it is assumed that the defendants were in the possession prior to year 1944, their possession could not have been adverse even to the Zamindar as they were tenants and their tenancy would be permissible in nature and not adverse–Impugned judgment passed by the High Court is liable to be set aside.