LAWS(ALL)-1978-11-16

MILAP CHAND Vs. BADRI PRASAD

Decided On November 22, 1978
MILAP CHAND Appellant
V/S
BADRI PRASAD Respondents

JUDGEMENT

(1.) THIS is a defendant's second appeal in a suit for possession over a portion of a house at Mirzapur.

(2.) ONE Lokai had a son Baldeo and two daughters, Smt. Bhagwati Devi and Smt. Satti Devi. Baldeo was married to Smt. Basnati Devi and had a son Badri Prasad and a daughter Smt. Lalmai. Badri Prasad is the plaintiff-respondent. Smt. Bhagwati Devi was married to Mahadeo. They had a son Manni Lal who was married to another lady also named Smt. Satti. Loakai's second daughter Smt. Satti devi was married to Beni Pd. He had two sons Munni Lal and Punni Lal. Punni Lal's son Milap Chand is the defendant appellant.

(3.) THE trial Court framed six issues of which the first issue raised the question whether the plaintiff is the owner of the house in suit, the second issue was whether the defendant is a licensee in the house in suit, the third whether the suit is barred by time and the fourth, whether the defendant has acquired title by adverse possession. THE fifth issue related to the valuation of the suit and the court fees payable and having been decided against the plaintiff the valuation was amended and the deficiency made good. THE sixth issue related to the relief to which, if any, the plaintiff was entitled.