VAKIL Vs. SAKIR

JUDGEMENT

(1.) Heard learned Counsels for both parties and perused the record.

(2.) This second appeal has been filed by the plaintiff/appellant challenging the validity and correctness of the judgment and decree dated 27.03.1979 arising out of judgment and decree dated 25.08.1975 passed by Munsif, Deoria in Original Suit No. 437 of 1972.

(3.) The facts shorn of details are that Plaintiff/appellant filed Suit No. 437 of 1972 in the Court of Munsif, Deoria for recovery of possession over the house in suit i.e. Kothari, Dalan and Chabootra and mesne profits stating, inter alia that he is its owner and had let out a part of the said house to the defendant/respondent on a monthly rent of Rs. 20/- which is said to have not been paid to him by the tenant defendant/respondent since 01.11.1971 as such his tenancy was determined by notice dated 18.04.1972. The defendant/respondent denied the plaint allegations and contested the suit by fling Written Statement to the effect that his father Tejoo was the owner of the house in dispute and not the plaintiff. It was stated that there is no relationship of landlord and tenant between the parties, and the suit is barred by time and estoppels. The suit was also contested on the ground that it was under valued and invalid. In alternative, the defendant claimed that he had perfected Title also by adverse possession.