SRI BIDHA ALIAS BIDHI CHAND Vs. YOGENDRA PAL

JUDGEMENT

(1.) R. B. Mehrotra, J.- This is defendant's second appeal. Plaintiff-respon dent filed a suit No, 486 of 1969 Yogendra Pal v. Bidha which was tried by the court of Additional Munsif Magistrate, Aligarh. The plaintiff-respondent sought a relief for eviction of the defendant from the property in dispute described at the foot of the plaint after removal of construction over it and also prayed for recovery of mesne profits for wrongful user of the land by the defendant. The suit was contested by the defendant mainly on the ground that the plaintiff is not the owner of the land in dispute and the suit is barred by time.

(2.) THE trial court dismissed the plaintiff's suit and held that the plaintiff has failed to prove his title over the land in dispute and also held that the suit is barred by limitation.

(3.) I have heard learned counsel for the appellant Sri V. K. Gupta and learned counsel for the respondents, Sri S. U. Khan respectively in support of the appeal and in opposition thereof.