RAMJI Vs. KANPUR SUGAR WORKS LTD

JUDGEMENT

(1.) AT the time of hearing no one appeared on behalf of respondent hence only the arguments of learned Counsel for the appellants were heard.

(2.) THIS is defendants' second appeal arising out of O. S. No. 1203 of 1967 instituted by plaintiff-respondent against Vindhyachal who died during pendency of suit before the Trial Court and was substituted by his two sons who were original appellants in this appeal (They have also died and have been substituted by legal representatives ). The suit was for possession and demolition and was decreed on 24. 8. 1974 by 1st. Additional Munsif, Deoria. Against the said judgment and decree original appellants filed civil appeal No. 135 of 1974 which was dismissed by Civil Judge, Deoria through judgment and decree dated 14. 4. 1976 hence this second appeal.

(3.) PLAINTIFF's case was that plot No. 2729 was the property of Jagdish sugar Mills; that the entire assets of Jagdish Sugar Mills were purchased by the plaintiff including plot No. 2729; that father of original defendant was licensee of Jagdish Sugar Mills and thereafter became the licensee of the plaintiff. It was further pleaded that licence had been revoked by the plaintiff through notice dated 13. 10. 1962. It was shown in the schedule at the bottom of the plaint that total area of plot No. 2729 was 30. 35 acres and encroached area was 0. 02 acres i. e. less than 100 sq. yard (96. 8 sq. yard ). The original defendant filed written statement pleading that the portion of plot No. 2729 over which his house was standing was taken by his father from the previous Zamindar ramji Dubey. Ownership of Jagdish Sugar Mill or plaintiff was out rightly denied. Plea of adverse possession was also taken.