VITTAN DEVI Vs. RANVIJAY SINGH

JUDGEMENT

(1.) S. K. Phaujdar, J. These two second appeals are directed against the judgment and decree dated 25-11-1996/3-12-1996 recorded by the IInd Addl. Civil Judge, Senior Division, Kanpur Dehat in Civil Ap peal No. 158 of 1996 and 203 of 1995 which were heard together and were disposed of by a common judgment. These appeals were against the judgment and decree in two suits, being 55 of 1986 and 463 of 1980, which were heard and decided together on 28-7-1995.

(2.) SUIT No. 463 of 1980 was instituted by the present appellants for perpetual as well as mandatory injunction claiming the suit property as their own and alleging dis turbance of their possession by the present respondents by their attempt to raise a wall. The present respondent, Ranvijay Singh, in tatted SUIT No. 55 of 1986 for injunction against the present appellants claiming the suit property to be his own. The two suits were consolidated and both the suits were dismissed by the trial judge.

(3.) THE first appellate Court also engaged itself to look to the question of possession of the suit property by one party or the other. THE appellate Court was of the view that Ran Vijay Singh could establish his possession on the suit property for 15 years prior to the institution of the suit and other party could not prove their possession on the suit property. THE appellate court was of the view that on the basis of the finding of long possession of Ran Vijay Singh and on the basis of absence of a better title of the present appellant, the suit of Ran Vijay should not have been dismissed. Thus, there was a consistent finding of possession of Ran Vijay on the suit property and a consistent finding that the present appel lants were not in possession thereof.