SHAMBHOO SHANKER AWASTHI Vs. RAM GOPAL TIWARI

JUDGEMENT

(1.) HEARD learned Counsel for the appellant, learned Counsel appearing for the respondent and also perused the record.

(2.) THE suit was contested by the defendant -appellant claiming that there existed no relationship of landlord and tenant between the parties, the plaintiff had no concern with the house in dispute and that he was not owner of the same. The defendant claimed that he himself was the owner of the house in dispute. That the plaintiff -respondent got his name recorded in Municipal paper as owner of the said house on the basis of Farzi documents prepared by him. The house was stated to have been constructed by the defendant, himself. Plea of adverse possession was also taken and was claimed that the defendant was owner of the house in dispute by adverse possession. The suit was, thus, liable to be dismissed.

(3.) THE trial Court while dealing with issue No. 1 recorded finding that the plaintiff was owner of the house in dispute, but there existed no relationship of landlord and tenant between the parties. Issue No. 2 was also decided in favour of the plaintiff. Having recorded aforesaid findings, the trial Court decreed the suit in part. It was declared that the plaintiff was owner of the house in dispute. With respect of the rests of the relief the suit was dismissed.