RAM DASS Vs. RAM BHAROSE AND OTHERS

JUDGEMENT

(1.) This is a defendant's second appeal. It is directed against the judgment and decree dated 29-5-1974 passed by the IV Civil & Sessions Judge, Allahabad allowing the appeal of the plaintiffs and setting aside the decree passed by the trial court on 22-5-1969.

(2.) The plaintiffs came up with the case that they are the owners in possession of plot no. 1405, which is equivalent to old plot no. 507. The prayer was that a mandatory injunction may be issued to the defendant to fill up the well, which had been constructed by him over plot no. 1405. The trial court recorded a finding that the plaintiffs had succeeded in establishing their title on plot no. 1405. However, it held that the pumping set, which had been dug in plot no. 1405, spread to plot no. 1406, as well and since the plaintiff had no right over plot no. 1406 it dismissed the suit.

(3.) The lower appellate court has recorded a finding that the controversy centres round only to plot no. 1405. It disagreed with the view of the trial court that since the plaintiffs had not been able to establish their possession over the entire plot no. 1405, no relief could be granted at all. The lower appellate court has taken the view that once it was found that the plaintiffs were the owners of plot no. 1405 and certain constructions were standing thereon, there is a presumption in law that the plaintiffs were in possession over the entire plot No. 1405.