AKBARI BEGUMS Vs. MOHD FAROOK

JUDGEMENT

(1.) This is defendants' second appeal.

(2.) The brief facts are that the plaintiff Mohd. Faruque filed a suit for recovery of possession of the property mentioned in Schedule 'A' of the plaint against the defendant Manjoor Ahmad, on the ground that the plaintiff was the owner of the property under a registered gift-deed dated 6th September, 1958. The defendant Manjoor Ahmad was granted licence of the disputed portion on his request on licence fee of Rs. 10 per month only for six months. He, however, did not vacate the property and also failed to pay the licence fee with effect from 16th August. 1982. The licence was revoked by the plaintiff through the notice dated 16th March, 1983. Again neither the balance licence fee was paid nor the portion was vacated.

(3.) The suit was contested on the ground that no licence was granted by the plaintiff and that the defendant was the owner of the house and it was in possession of his forefathers as well and long possession for more than 100 years, conferred title upon the defendant in the disputed property. It was also pleaded that since at the time of abolition of Zamindari, the defendant was in possession of the house, hence it was settled with him under Section 9 of the U. P. Zamindari Abolition and Land Reforms Act. It was further pleaded that the thatch over the disputed portion was gutted twice which was repaired and the defendant constructed pucca house in the knowledge of the plaintiff, hence the suit is barred by estoppel and acquiescence. It was also pleaded that the suit is barred by limitation.