BACHCHA SINGH Vs. GOPAL SINGH

JUDGEMENT

(1.) This is a second rent appeal arising out of a suit for ejectment and damages filed under Section 180, U. P. Tenancy Act. Subsequent to the filing of the suit the plaintiffs amended their plaint by adding an alternative prayer that in case the defendants were found to have acquired tenancy rights under Section 180, Sub-clause (2), U. P. Tenancy Act, the Court might assess rent on the defendants under Section 94, U. P. Tenancy Act. The plaintiffs' suit related to three plots situate in village Purab Patti, district Pratapgarh.

(2.) The suit was contested by the defendants mainly on the ground that they had become the proprietors of the disputed property by adverse possession. As the case raised a question of proprietary title, the revenue Court in which the suit was filed referred the question of proprietary title to the Munsif. The civil Court came to the conclusion that the defendants had not acquired proprietary title by adverse possession.

(3.) The revenue Court adopted the finding of the civil Court so far as the question of proprietary title was concerned, but it held that the suit for possession by the plaintiffs was barred by time, and the defendants had acquired tenancy rights as a result of long possession under Section 180, Sub-clause (2), U. P. Tenancy Act. The Court accordingly assessed rent on the plots in dispute. Treating the defendants as hereditary tenants, it gave a decree to the plaintiffs for Rs. 43/7/- as arrears of rent for the past three years.