Trial Court Can Frame "Additional Issues" Based On Disputes Between Parties: Punjab & Haryana High Court

If the defendants have taken up a specific plea which was controverted by the plaintiff and the trial Court felt that the parties were at issue in that regard striking of issue in that respect cannot be held to be wrong.

The bench comprising Justice H. S. Madaan further added that unless defendants file a counter-claim, they will not get a decree for declaration of title based on adverse possession in a suit for declaration and possession.

Of course unless the defendants filed a counter claim, they will not be able to get a decree for declaration with regard to their title based on adverse possession in a suit for declaration and possession filed by the plaintiff.

After considering the rival contention of the parties, the court observed that undisputedly, the defendants raised a plea in the written statement regarding their physical continuous possession of the suit land since 1997 without payment of rent to the Petitioner. Court further added that defendant's possession being adverse, resultantly ripe into an ownership.

Thus, it held that the trial Court has not committed any illegality or infirmity in striking that issue in that regard placing onus of proof upon the defendants.

Under these circumstances, the court did not find anything wrong with the impugned order of the Trial Court wherein it allowed defendant's application for framing of an additional issue regarding plea of adverse possession even though the same was contested by the plaintiff.

…… which suit the defendants are contesting statedly raising plea that they have been in continuous uninterrupted possession of the suit land for more than 12 years and their such possession has ripened into ownership. Initially issues were struck by the trial Court, vide order dated 15.02.2017. Thereafter the defendants came up with an application for framing of an additional issue with regard to plea of adverse possession having been taken up by them. Though that application was contested by the plaintiff vehemently but it was allowed by the trial Court, and an additional issue No.8 was struck……

Accordingly, the revision petition was dismissed by the court finding it sans merit.

Also Read: Additional Issues If Necessary Can Be Framed At Any Point Of Time In Trial: Punjab & Haryana High Court