SHUGANCHAND Vs. PRAKASH CHAND

JUDGEMENT

(1.) This appeal by special leave arises from a suit filed by the appellant Shuganchand, who is a Jain, for possession of certain immovable property against the trespasser Umacharan Pradhan the respondent. Pending litigation Umacharan died and Prakash Chand and two others were brought on the record as his legal representatives. We will hereafter refer to Umacharan as the respondent. The property in question is a garden in Mouja and it bears Khasra No. 345 Rakba 71/4. The appellant's case was that this property originally belonged to Kanakmal who died in 1910-11. During his life-time Kanakmal had adopted Mannilal who predeceased him leaving behind him his widow Sugan Bai. In the result at the date of Kanakmal's death the two members of his family were his widow Jadav Bai and his widowed daughter-in-law Sugan Bai. In 1922-23 Sugan Bai adopted the appellant. Jadav Bai died in 1932 and in 1936 the present suit for possession was filed by the appellant. According to the appellant, when he attained the age of majority he took steps to obtain possession of the property left by his grand-father and found that the respondent's father Munshi Gajpat Rai had adversely taken possession of the property in 1925. On a demand being made for the delivery of the said property the trespasser refused to accede to the demand and so the present suit had to be filed.

(2.) The claim thus made by the appellant was resisted by the respondent on several grounds. It was urged that the respondent and his father had constructed a building and planted trees on the garden and had improved the quality of the said property at considerable expense. The title of Kanakmal as well as that of the appellant was denied; so was the possession of Kanakmal disputed. It was urged that neither Kanakmal nor after his death his widow ever obtained possession of the property and so the suit was barred by limitation. In the alternative it was pleaded that the appellant would not be entitled to recover possession of the said property unless he reimbursed the respondent to the tune of Rs. 15,000 which had been spent by him and his father in improving the said property and in constructing a building on it. One should have thought that the suit in which these simple pleas were raised should have terminated without unnecessary delay; but, as we will presently point out, this simple action for possession against the trespasser has had a chequered and somewhat tortuous career.

(3.) At the trial the learned trial judge framed seven issues. He found that the suit was within time, that the genealogical table given by the appellant was correct, and so the appellant, by adoption, became a member of the family of Kanakmal and was thus entitled to sue. The title of Kanakmal was held established. In regard to the plea made by the respondent that the land had been improved and construction had been made on it at considerable expense, the learned judge found in favour of the respondent and ordered that all the materials of the entire super-structure of the kothi and the garage built by the respondent belonged to him and he was at liberty to remove the said material. Similarly the learned judge found in favour of the respondent on the issue about the appellant's claim for Rs. 450/-. In the result a declaratory decree was passed in favour of the appellant and an order was made calling upon the respondent to deliver possession of the said property in suit to the appellant. This decree was prononuced on January 11, 1944, that is to say, the suit took eight years for disposal.