RAM DASS MURARI Vs. BINDA DIN

JUDGEMENT

(1.) Binda Din instituted the suit out of which this appeal arises against Bam Dass Murari appellant alleging that he was the tenant of a plot of land situated in village Jethauna in the district of Sultanpur & that the deft. had during the pltf's. absence on war service raised a 'saria' on the land & prevented the plff. from cultivating it. It was further alleged that the land was used by the deft, for sitting & placing his khaliyan upon it. It was, therefore, prayed that a decree for possession be passed in favour of the plff. by removal of all things existing upon the land.

(2.) The deft, pleaded that he had built nothing upon the land of the plff., & alternatively that, if the 'saria' was found to exist upon the plff's. land, it had been in existence for such a considerable length of time that the deft, had acquired the rights of a riyaya by adverse possession. It waa further denied that the plff. was entitled to any damage. No plea as to jurisdiction was taken.

(3.) The trial Ct. held, in accordance with the decision of the Revenue Ct., that the plff. was not the hereditary tenant of the land in suit: that the plff. had been dispossessed from a portion of the plot in suit: & that the deft, had not perfected his title by adverse possession. In view of the finding as to the plff's. title the suit was dismissed.