SMT. KALAWATI (SINCE DECEASED), THROUGH L. RS. Vs. GIRISH SHRAM (SINCE DECEASED), THROUGH L.RS. AND ANR. AND SURENDRA NATH (SINCE DECEASED), THROUGH L.RS. AND ANR.

JUDGEMENT

(1.) This second appeal, preferred under Sec. 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 07 -07 -1978, passed by i Additional District Judge, Nainital in Civil Appeal No. 19 of 1978, whereby the judgment and decree dated 23 -12 -1977, passed by Munsif, Kahsipur, in Original Suit No. 160 of 1971, dismissing the suit, is set aside and the appeal is decreed for possession and mesne profits.

(2.) Heard learned Counsel for the parties and perused the papers on record.

(3.) Brief facts, as per the plaint case, are that the Plaintiffs Girish Chandra Sharma and Smt. Laxmi Devi (since deceased) were owners and landlords of the property in question situated at Mohalla Khalsa, Kashipur. Defendant Surendra Nath is the son -in -law of Defendant Kalawati, and Defendant Krishna who is daughter of aforesaid Defendant Surendra Nath. Defendant No. 1 was the tenant in the property described in Schedule 'Kha' and 'Ga' Plaintiffs have pleaded that this property was purchased by them., in auction, as the same was mortgaged by original owner Ram Charan (in favour of one Bal Mukund), who filed suit for foreclosure. "Hie said suit was decreed and the property was auctioned in the year 1933. The rate of rent was Rs. 1/ - per month on which the Defendants were enjoying the property as lessees. However, they stopped to pay rent after 31s' of August, 1961. (in respect of property of Schedule 'Kha.', the Defendants were evicted after the suit of the Plaintiffs was decreed. However, it is pleaded that their possession continued in property, shown in Schedule 'Ga' over which they encroached upon in February 1963). The Defendant/Respondent Kalawati who was the original tenant started denying title of the Plaintiffs. Hence, after serving the notice suit was instituted.