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Head Note

The Code of Civil Procedure, 1908  - Section 100

Second Appeal - Concurrent Findings - Adverse Possession - Findings by the Courts below that to succeed on the plea of adverse possession, the plaintiffs should have disclosed and proved as to when the adverse possession started and when it was perfected by them, particularly when they were declared encroachers way back in the year 1978 by the Tehsildar -Plaintiffs have failed to prove their case on the grounds taken by them in the plaint - High Court held to have erred in law in allowing the second appeal and setting aside the decree passed by the first appellate court.

The Code of Civil Procedure, 1908  - Section 100

Second Appeal - Concurrent Findings - Held that in respect of relief claimed by a plaintiff, he has to stand on his own legs by proving his case - High Court has wrongly shifted burden of proof on the defendants - Amended the plaint and took plea of adverse possession, on which matter was remanded to the trial court, and after hearing parties suit was again dismissed, which was upheld by the first appellate court - Approach of the High Court held to be against the law - It erred in law in reversing the decree passed by the trial court and that of the first appellate court by shifting burden of proof on the defendant.

Topic(s)-Concurrent Findings - Second Appeal Allowed