BISHAN MAHESHWARI Vs. GIRISH CHANDRA

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree dated 28-11-1984 passed by Civil Judge, Almora, dismissing an appeal filed against the judgment and decree dated 16th Sept. 1983 passed by Munsif, Ranikhet.

(2.) The plaintiff-respondent filed a suit for possession over a house and damages for use and occupation with the allegations that Babu Lal was a tenant of the house, that he alone used to live in the house, that he died at Lucknow in June 1979 and that on 19th June 1979 defendants-appellants took wrongful possession over the house after breaking open the lock.

(3.) The defendants-appellants contested the suit with the allegations that defendant No.1. Bishan Maheshwari was adopted son of Babu Lal, that when Babu Lal went to Lucknow for his treatment in Nov. 1978, defendant No.1 used to reside in the house along with other members of his family and that defendant No. 2 has no concern with the house in dispute.