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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 5339-5340  OF 2013 (@ SPECIAL LEAVE PETITION (C)NOS.25656-25657 OF 2012)

JHAU LAL & ANR. ... APPELLANTS

VERSUS

MOHAN LAL & ORS. ... RESPONDENTS

O R D E R

1. Leave granted.

2. These  appeals  are  directed  against  the  judgments  and  

orders  passed by  the High  Court of  Punjab and  Haryana in  Civil  

Revision  Petition  (O  &  M)  Nos.6838  and  6840  of  2010,  dated  

29.05.2012.  By the impugned judgments and orders, the High Court  

has given a finding that the suit filed by the plaintiffs/appellants  

for declaration of permanent injunction claiming ownership of the  

property  on  the  basis  of  adverse  possession  itself  is  not  

maintainable.

3. The Trial Court had dismissed the suit by invoking its  

powers under Section 35-B of the Code of Civil Procedure, 1908 ('the  

Code' for short) for non-payment of costs.  Being aggrieved by the  

said order of the learned Trial Judge, the plaintiffs/appellants had  

filed the Civil Revision Petition Nos.6838 and 6840 of 2010. While  

disposing of the the aforesaid Civil Revision Petitions, the High  

Court has observed that the suit filed by the plaintiffs/appellants  

is  not maintainable,  based on  the claim  made that  they are  the  

owners of the property on the basis of adverse possession.

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4. In our view, while deciding the Civil Revision Petitions,  

the High Court should have concentrated primarily on the ground on  

which  the  trial  Court  had  dismissed  the  suit  of  the  

plaintiffs/appellants. There was no reason for the High Court to  

have observed in its order that the suit itself was not maintainable  

before  the  Trial  Court.  In  that  view  of  the  matter,  we  cannot  

sustain the impugned judgments and orders passed by the High Court.  

Therefore, while disposing of these appeals, we remand the matters  

to the High Court for fresh disposal in accordance with law, keeping  

in  view the  aforesaid observations  made by  us in  the order.  No  

costs.

Ordered accordingly.    

...................J. (H.L. DATTU)

...................J. (DIPAK MISRA)

NEW DELHI; JULY 08, 2013