SUKHANAND Vs. MANGAL SEN AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's Second Appeal in a suit for possession over a plot of land after removal of a Kothari and a hand-pump. The plaintiff, who died during the pendency of the Second Appeal in this Court and is now represented by his heirs and legal representatives, purchased the land in suit under a sale-deed dated the 18th Oct., 1944 for Rs. 1,600.00 from Sheikh Mohammad Ibrahim. The area of the land was 723 yards and 14 Girah. It was enclosed by brick foundations. According to the plaintiff's case, he lived in the city of Moradabad and was old and infirm. The defendant wanted to take forcible and unlawful possession of the land and dug out and threw away the bricks of the foundation on the land on the 8th April, 1963. The plaintiff could not, however, immediately file a suit because of his old age, infirmity and illness. Taking advantage of the same, the defendant erected a small thatched hut and a hand-pump and let out the hut to defendant No. 2. The suit was filed on the 31st July, 1973.

(2.) The first defendant contested the suit. He denied the plaintiff's claim and pleaded that, after digging foundations, he had erected a boundary wall and a Kothari on the land in suit in April, 1963 and had also cutup a hand-pump and let out the Kothari to defendant No. 2. The plaint, as originally filed, did not contain any specification of the boundaries of the land, nor any other description of it by plot numbers. On objection being raised by the defendant in his written statement, and specification of the boundaries of the land in his own possession, the plaintiff amended the plaint by specifying the boundaries of the land. The defendant claimed title to the land by purchase from Rajendra Singh and Patta from the Gaon Samaj, Other technical pleas were also raised.

(3.) The following are the issues, on which the parties went to trial:-