BISHAN LAL SAN Vs. RAMESH CHANDRA

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 10 -04 -1980, passed by the then District Judge, Almora, in civil appeal No. 49 of 1978 (A), whereby the judgment and decree dated 03 -11 -1978, passed by Civil Judge, Almora, in Original Suit No. 03 of 1977 (A), is affirmed.

(2.) HEARD learned Counsel for the parties and perused the entire lower court record.

(3.) DEFENDANT /Appellant Bishan Lal Sah, contested the suit before the trial court and claimed the title over the property in suit. It is specifically pleaded by the Defendant/Appellant that he has become bhumidhar of plots No. 779, 780, 782, 783, 785, 786, and 787, under provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950, as he was a Sirtan of these plots on the date of vesting of the land on the State. With regard to the house, shop, chowk, verandah, kitchen and courtyard, situated in other plots in suit, it is pleaded by the Defendant / Appellant in his written statement that he has perfected the title over the same by virtue of adverse possession, as he enjoyed the possession of the same, uninterruptedly and peacefully for more than 12 years. Denying the sale deed, relied by the Plaintiffs, it is stated that Plaintiffs surreptitiously obtained fictitious documents to get dispossessed the Defendant -Bishan Lal Sah. It is also pleaded that the suit is bad for non joinder of necessary parties. The Defendant/Appellant, denied the landlord -tenant relationship between the parties.