GAYA PRASAD Vs. NATHU RAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is plaintiff's second appeal arising out of O.S. No. 265 of 1975. The suit was decreed by Munsif, Orai on 09.01.1976 and defendant respondent was directed to deliver possession of the house in dispute. Against the said decree defendant respondent filed Civil Appeal No. 21 of 1976, which was allowed on 29.08.1978 by III A.D.J., Jalaun at Orai. Judgment and decree passed by the trial court was set aside and suit was dismissed hence this second appeal by the plaintiff.

(3.) The case of the plaintiff was that his father Kalka Prasad was tenure holder (hereditary tenant) of plot No. 113 area 0.27 acres over a part of which he constructed the house 25 years before and gave the same on licence in 1952 to the defendant and his brother. It was further pleaded that the plaintiff got vacated the house from the defendant and his brother in 1956 however it was again given on licence to defendant in 1969. Defendant asserted that the house was constructed by his father 40 years back (in or about 1935) over 0.07 acre land of plot which was given to him by the Zamindar and the tenure holder Kalka Prasad (father of the plaintiff) and since then his father and after him he was in constant possession thereof.