PREMPIARI Vs. DUKHI

JUDGEMENT

(1.) THIS appeal by the plaintiff arises out of a suit for possession over the property in dispute. The plaintiff alleged that he had a grove of 18 bighas and was Bhumidhar thereof. Trees were planted in that grove with the permission of the zamindar before 30-6-1962. The house in dispute is located inside that grove as shown in the site plan by letters ABCD Cha Chha Ja Jha. The plaintiff gave this house to the defendants about ten years before the institution of the present suit for looking after the aforesaid grove. After some time the defendants left the service of the plaintiff whereupon they were asked to vacate the said house, but they failed to do so, hence the suit for their ejectment.

(2.) THE suit was contested by defendant No. 1 on the grounds inter alia that the house in dispute was constructed by his grandfather and he was the owner thereof, and that it did not lie in the plaintiff's grove.

(3.) ON an appraisal of the evidence the appellate court below found that the plaintiff had not led satisfactory evidence to show that he had got the house constructed, rather it was established that the house in dispute was got constructed by the grandfather of Dukhi, defendant. It also found that it was not given to the defendant in the year 1952 as alleged; that the defendants would be the owners of the said house even under Section 9, U. P. Zamindari Abolition and Land Reforms Act; that the plaintiff was not in possession over the house in dispute for a long time and if he had any right in the said house that right had extinguished by lapse of time. On these findings the appeal was allowed and the suit of the plaintiff was dismissed. The plaintiff having died his legal heirs have preferred this appeal.