filed Civil suit seeking possession of half share in land measuring 11K-18M qua the share of their mother Smt. Chooto. On dismissal of their suit, the defendants filed an appeal against the judgment and decree dated 05.08.1972 and the same was accepted on 09.05.1975 and their suit was decreed qua land measuring 11K09M out of total land measuring 22K-18M which had been purchased by plaintiffs in the pre-emption suit. However, inthat suit, the defendants did not seek any declaration with regard to the ownership of suit land and setting aside the decree inpre-emption suit and never took the possession of land in favour of the plaintiffs. They (the plaintiffs) are in actual/physical possession of the suit land and they throughout continued to enjoy the possession of this land without paying any rent or profit thereof. The possession of plaintiffs from 09.05.1975 onwards till date remained exclusive in the knowledge of defendants open, continuous, uninterrupted, adverse and hostile inanimus to the interest of defendants. By virtue of this continuous and adverse possession for more than 30 years, plaintiffs have acquired the status and title of ownership qua the land and they are liable to be declared as the owners of the suit land and the entries of the ownership of this land in the revenue records are liable to be entered in the names of plaintiffs. Plaintiffs requested defendants for transferring the title of the suit land in their names but to no avail. Hence, the civil suit.
