R.S.A. No. 3901 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 3901 of 2008 (O&M) Date of decision: 22.04.2009 Harbilas ....appellant versus Ved Parkash and others ....respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. H.S. Kathuria, Advocate, for the appellant. *** VINOD K. SHARMA, J. (ORAL) C.M. No. 4502-C of 2009 This is an application under Section 151 of the Code of Civil Procedure for recalling the order passed by this Court on 23.3.2009. For the reasons stated in the application, the order dated 23.3.2009 is recalled. C.M. is allowed. C.M. No. 11601-C of 2008 Allowed. Delay of three days in refiling the appeal is condoned. R.S.A. No. 3901 of 2008 This regular second appeal is directed against the judgment and decree dated 27.3.2008 passed by the learned Courts below vide which the suit filed by the plaintiff/appellant seeking declaration that he R.S.A. No. 3901 of 2008 (O&M) -2- is owner in possession by way of adverse possession since 1983 over the land measuring one kanal situated in village Nallian, Tehsil and District Hoshiarpur with consequential relief of permanent injunction has been ordered to be dismissed. The learned counsel for the appellant contends that the appeal raises the following substantial question of law: - "Whether the judgment and decree passed by the learned Courts below is outcome of misreading and misappreciation of evidence on record, as the possession of the plaintiff/appellant was proved on record?" The substantial question raised does not arise for consideration in this appeal, as it is settled law that the suit claiming title on the basis of adverse possession is incompetent as the plea of adverse possession is plea of defence and not of claim. No merit. Dismissed. (Vinod K. Sharma) Judge April 22, 2009 R.S.