SAHAB RAM Vs. BANARSI

JUDGEMENT

(1.) This appeal has been filed by the plaintiff impugning the judgment and decree passed by Vth Additional District Judge, Bulandshahr allowing Civil Appeal No. 19 of 1979 filed by the defendant-respondent whereby the suit filed by the appellant, being Suit No. 188of 1972 was dismissed.

(2.) In brief, the facts are that the plaintiff is purchaser of land in suit from one Ram Chandra who was its admitted owner. Prior to the transfer of the land in favour of the plaintiff-appellant Ram Chandra had granted a licence to the defendant for use of the land in suit as his Sahan for the period of his entire life. Licence was granted vide a written document, which is Ex. A-2, having been executed on 9-12-1962. Ram Chandra subsequently, however, transferred the said land in favour of the plaintiff-appellant vide sale deed dated 6-3-1964. The suit was filed thereafter by the plaintiff seeking injunction against the defendant for restraining him to interfere in his possession and for demolition of a wall and other miscellaneous reliefs.

(3.) The defendant-respondent appeared and contested the suit. It was pleaded that the land in suit had been given to him by Ram Chandra, the owner of the land, for his life time and, therefore, so long he is alive, he has fight to continue in possession of the land. It was also pleaded that the plaintiff was not in possession and he was in possession; therefore, the question of granting injunction did not arise.