LAW FOR ALL

So far as the title to the property is concerned, it need not be decided in the suit. It is an admitted fact that the defendant pleads that the plaintiffs are an encroachers of the “B” suit schedule property. Therefore, the possession is admitted. Apart from it, the brother of the defendant is said to have filed the suit earlier with regard to the same property whereunder the possession of the plaintiffs has been recognized. Therefore, it is quite clear that the plaintiffs have been in possession and enjoyment of the property to the knowledge of all. Therefore, in view of the above circumstances, even if they have no right or title to the property, the only recourse open to the true owner is to file a suit for declaration of title and recovery of possession of the property since the possession of the plaintiffs is for a longer time.