SOBHNATH Vs. SURAJ PRASAD

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for possession of plot No, 1465 in village Munjhara in the district of Mirzapur which has been decreed by the lower Courts.

(2.) The suit was brought on the allegation that the plaintiff was the fixed rate tenant of this plot; that the defendant had wrongly taken possession of it and refused to vacate it. The plaintiff, therefore, claimed possession over this plot and Rs. 30/-as mesne profits for three years prior to the suit.

(3.) The defendant contested the suit on several grounds. He denied that the plaintiff was the tenant of his plot & pleaded that he himself was the tenant and in possession of it as such; that the plaintiff had not been in possession within 12 years and the suit was, therefore, barred by limitation; that the suit was also barred by limitation under Section 180(2), U. P. Tenancy Act, as the plaintiff had not been in' possession within three years and that the Court had no jurisdiction.