ABDUL SHAKOOR Vs. SETH CHAMPALAL

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for ejectment and arrears of rent. The suit was dis missed by the trial court but on appeal the decree was set aside and the lower appellate court decreed the plaintiff's suit.

(2.) THE parties were at issue on a number of points and the findings recorded by the trial court were that there was no relation ship of landlord and tenant between the plaintiff and the defendants 2 to 4, that the defendants did not make any material alterations in the accommodation in tenancy, that the defendants 2 to 4 were not the tenants, and that the defendants did not commit and default in payment of rent. THEse findings were reversed by the lower appel late court and hence this appeal.

(3.) I am also not satisfied that the positive finding of the lower appellate court on the defendant's failure to prove adverse posses sion suffers from any infirmity. There is no evidence in the case that the defendants at any time asserted any hostile title to the plain tiff or did any act to prove their adverse possession and it was for the first time in the reply to the notice given by the plaintiff on September 18, 1968 that they came out with the plea of adverse posses sion. In view of the plaintiff's categorical statement to the contrary and positive evidence of acceptance of payment of rent after the ex piry of the period of the fixed term lease, the theory of adverse possession must be rejected and I affirm the finding recorded by the court below which is not tainted by any illegality.