SOBHA Vs. RAM PHAL

JUDGEMENT

(1.) This is a plaintiff's revision against the order of Munsif, South Faizabad, in a suit brought by him under Section 9 of the Specific Relief Act, for possession over plot No. 1165, area 9 biswa 15 biswans situated in mohal Sripalkhan, village Baiti Kalan, The defendant was Ram Phal, who is opposite-party. The munsif dismissed the suit on September 15, 1950.

(2.) The plaintiff's allegation in the court below was that he was in possession of the aforesaid plot for a considerable time but was dispossessed without authority by the defendant on July 3, 1950. On that, date, according to him, the defendant ploughed the field and sowed his crop. The suit was commenced on July 25, 1950, well within six months from July 3, 1950.

(3.) The defence put forward was that the defendant had been in possession of the plot for a very long time and it was also his tenancy land. The plaintiff is first cousin of the defendant. His case further was that if he (plaintiff) had, by any means, got his name entered in the patwari's papers, that would not affect him, as he (defendant) has been in its possession as aforesaid.