RUSTAM SINGH Vs. GOPAL SINGH

JUDGEMENT

(1.) This is a plaintiffs' appeal against an order of the lower appellate Court returning the plaint for presentation to the proper Court.

(2.) The plaintiffs sued for the ejectment of the defendant from a plot of land which the plaintiffs claimed was their sir land. The plaintiffs alleged that the defendant had taken unlawful possession over the plot in the month of July, 1944 sometime before the institution of the suit and that he was a trespasser and liable to be ejected. They also claimed certain damages.

(3.) The defence was that the defendant was a co-sharer himself and was in possession over the plot and that he was in adverse proprietary possession for over 12 years. He further alleged that the suit was barred by Section 180, U.P. Tenancy Act.