SULTAN Vs. GANESH

JUDGEMENT

(1.) This appeal on special leave has been filed by the appellant against the judgment and decree passed by Rajasthan High Court in Civil Second Appeal No. 267/81 wherein the concurrent judgment of the two Courts below was maintained.

(2.) Brief facts material for disposal of this appeal are that the respondent-plaintiff purchased a plot of land No. A-11 measuring 50' X 90' in Rambabu-Ka-Aahata situated a Station Road, Jaipur which is now known a Sen Colony. After the death of Rambabu Sen, his son K. K. Sen became the owner of colony, the land was divided into plots and the scheme was approved by the Municipal Council.

(3.) Father of the present appellants, Sultan and plaintiffs were living in Rambabu-Ka-Aahata as tenants. Late Johari took on rent a piece of land from K. K. Sen and executed a rent note on 23-1-1949. This rent note came into force from 1-1-1949 and was registered on 18-2-1949. Shri K. K. Sen executed a registered sale deed dated 15-4-1957 in favour of the plaintiffs respondents. Consequently the appellants became the tenants of the respondents from 15-4-1957. The plaintiffs respondents wanted to build a house for themselves on this disputed land but the present appellants claimed to be the owners of the land. Consequently the respondents filed a suit for permanent injunction against the present appellants which was subsequently withdrawn on 6-7-1967 and the present suit for declaration of title of the respondents as the owners of plot No. A-11 in the Sen Colony and for possession of such portion of this plot which was in occupation of the defendants appellants and the rent and damages was filed. The present appellants in their written statement asserted that they were not the tenants of K. K. Sen or any other person and K. K. Sen had no right to sell the plot and also claimed adverse possession for more than 12 years and therefore sought the dismissal of the suit filed by the respondent-landlord.