RAMESHWARI DEVI Vs. SHYAM LAL

JUDGEMENT

(1.) This is defendant's Second Appeal against the decree and judgment dated 1st Feb., 1968 of the District Judge, Bulandshahr, affirming the decree of the trial Court,

(2.) This is a suit for possession over the house and shop along with flour mill in suit. According to the plaintiff's case, he had four brothers including Pyare Lal. There had been a partition amongst all the five brothers in the year 1923. The building in question, the upper portion of which is used as a residential quarter and in the lower portion of which a flour mill is installed, was allotted to Pyare Lal, Pyare Lal executed a will in his favour and under that will, the building was given to him. He died twenty years back. It was further alleged that during the lifetime of Pyare Lal, he had installed the flour mill but subsequently he permitted his son Rajeshwar (father of Mahendra and husband of Rameshwari) to use the same as licensee. Rajeswar and his family were also given permission to live in the house and thus, they had been living therein at the plaintiffs' sufferance.

(3.) The suit was contested by the defendants on the allegation that on account of difference between Rajeshwar and Shyam Lal, Rajeshwar was living with his uncle Pyare Lal. Even after the death of Pyare Lal, Rajeshwar and his family continued to live in the house and their possession was adverse to Shyam Lal. It was further alleged that Raje-shwar by his own money got the upper portion rebuilt about 15 years back. The flour mill belonged to Rajeshwar and it had been installed by him and the electricity connection was also in his name,