RADHESHYAM PATHAK Vs. KANHAIYAA GOND

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) This second appeal preferred by the plaintiff / appellants herein (LRs of the plaintiff) was admitted for hearing on 29-11-2013 by formulating the following substantial questions of law: -

(3.) Plaintiff Radheshyam Pathak filed suit through power of attorney Vijay Prakash Pathak, for recovery of possession based on title stating inter alia that the suit house was purchased by the plaintiff on 27-11-1976 from Shesh Narayan Lal Agrawal and obtained possession of the suit land and immediately thereafter, it was given on license to Mahesh Gond father of defendants No.1 & 2. The defendants are sons and widow of Mahesh Gond. In the year 1990, license was terminated and the suit house was sought to be vacated by serving notice dated 3-9- 2007 which has not been vacated leading to filing of suit for decree for recovery of possession of the suit house. The defendants filed written statement stating inter alia that they are in possession for long time uninterruptedly and without interference and Shesh Narayan Agrawal has no right to alienate the suit property in favour of the plaintiff, they are not licensee and the plaintiff's suit is barred by limitation.