R. S. A. 4793 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : R. S. A. 4793 of 2009 (O&M) Date of Decision : September 22, 2010 Ran Singh .... Appellant Vs. Omwati and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Sudhanshu Makkar, Advocate for the appellant. * * * L. N. MITTAL, J. (Oral) : C. M. No. 14287-C of 2009 : For reasons mentioned in the application, which is accompanied by affidavit, delay of 21 days in filing the appeal is condoned. C. M. No. 14288-C of 2009 : Allowed as prayed for. Main Appeal : Plaintiff Ran Singh, having failed in both the courts below, has filed the instant second appeal. Plaintiff-appellant filed suit alleging that he has become R. S. A. 4793 of 2009 (O&M) 2 absolute owner of suit land by adverse possession being in adverse possession thereof continuously for more than 30 years before the filing of the suit. Defendants, in their written statement, admitted the claim of the plaintiff in toto. Learned Civil Judge (Junior Division), Siwani Camp at Bhiwani, vide judgment and decree dated 21.11.2005, dismissed the plaintiff's suit. First appeal preferred by the plaintiff has been dismissed by learned Additional District Judge, Fast Track Court, Bhiwani, vide judgment and decree dated 21.05.2009. Feeling aggrieved, plaintiff has preferred the instant second appeal. I have heard learned counsel for the appellant and perused the case file. Learned counsel for the appellant vehemently contended that plaintiff's claim that he is in adverse possession of the suit land for more than 30 years before the filing of the suit and has therefore become owner of the suit land by adverse possession stands admitted by the defendants and therefore, the plaintiff's suit should have been decreed. The contention cannot be accepted. A person in adverse possession cannot file suit to seek declaration that he has become owner of the suit property by adverse possession thereof because adverse possession can be pleaded only by way of defence and not by filing suit to seek declaration ofacquisition of ownership of suit property. In this view, I am supported by two judgments R. S. A. 4793 of 2009 (O&M) 3 of this Court namely Bhim Singh and others vs. Zile Singh and others reported as 2006 (3) Civil Court Cases 479 (P&H) and Dewaki and others vs. Dayawanti and others reported as 2006 (3) Civil Court Cases 615 (P&H). Consequently, plaintiff's suit for declaration that he has become owner of the suit land by adverse possession cannot be decreed. There is, therefore, no merit in the instant second appeal, although for reasons different from the reasons assigned by the courts below. No question of law, much less substantial question of law, arises for determination in the instant second appeal. Accordingly, the appeal is dismissed in limine. September 22, 2010 ( L. N. MITTAL ) monika JUDGE