RAM PIARI Vs. NAWAB SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for fixation of rent under Section 94, U. P. Tenancy Act.

(2.) The defendants-respondents have been in possession for more than 12 years. They have been recorded in the Khatauni as being in possession without settlement of rent. The plaintiff's case was that the defendants-respondents were tenants and that a reasonable rent should be fixed on the holding in their possession. The defendants claimed to have acquired proprietary title by adverse possession. An issue on proprietary title was sent to the civil Court. The Munsif decided that proprietary title has not been acquired. The revenue Court thereupon fixed the rent. The defendants went up in appeal to the District Judge who has held that the defendants have acquired title to the land by adverse possession.

(3.) In this second appeal the only point is whether on the facts found it can be said in law that the defendants have acquired proprietary title in land by adverse possession for more than 12 years.