MADHU BAI Vs. SETRAM

JUDGEMENT

(1.) Instant appeal is directed against the judgment and decree dated 4-2-1997 passed in Civil Appeal No. 31-A/1995 by the Additional District Judge, Sakti arising out of the judgment and decree dated 7-4-1995 passed by the Civil Judge Class II, Sakti in Civil Suit No. 76-A/1992 whereby Plaintiffs suit for eviction of Respondent and deceased Babulal was dismissed.

(2.) The suit property earlier belonged to one Rama Kumari Verma D/o. Gokul Prasad Verma situated within the municipal limits of Sakti town. In para 3 of the plaint, it is pleaded that on one part of the suit premises the Appellant was tenant of its earlier owner Rama Kumari Verma and in other part, the Respondent was her tenant. The Plaintiff purchased the suit property from Rama Kumari Verma for a consideration of Rs. 56,500/- vide registered sale deed dated 19-7-1990 and since then he became owner of the property. Execution of the registered sale deed was also informed to the Defendant/Appellant. Since the Appellant did not vacate the premises even after request, the suit for eviction of Appellant was filed. The Appellant filed her written statement and denied any tenancy with Rama Kumari Verma and claimed title in herself by way of adverse possession. The trial court decreed the suit by holding that the Defendant/Appellant has failed to prove adverse possession. The above decree was affirmed by the first appellate court. Hence this second appeal.

(3.) The appeal was admitted for hearing by this Court on 12-3-1997 on the following substantial question of law: