NARENDRA PRASAD SONI Vs. MANJU LATA

JUDGEMENT

(1.) THIS is defendant's second appeal under Section 100, CPC. Arguments on the question of admission heard.

(2.) IT was not disputed that Dashrath Lal Jain was owner of the house in dispute situated in Village Jaithari Bazar, Tehsil Sohagpur, District Shahdol.

(3.) IT has been held by the First Appellate Court after appreciation of the evidence on record that in the year 1967 Dashrath Lal Jain took a loan of Rs. 2,000/- from the defendant and mortgaged his house with him. The possession of the house was also delivered to the defendant. The loan was to be repaid upto the year 1969. The defendant wrote letter dated 26-5-1967 (Ex. P-1) to the effect that even after the year 1969 if Dashrath Lal Jain would like to take back the possession of the house, the defendant would give him the possession. The document creating the mortgage was unregistered. The claim of the defendant that in the year 1969 Dashrath Lal Jain sold his house orally to the defendant was accepted by the Trial Court, but it has been negatived by the First Appellate Court. The finding of the Trial Court that the defendant has acquired title to the house by adverse possession has also been reversed by the First Appellate Court. According to the First Appellate Court, the possession of the defendant under the unregistered mortgage deed was not hostile to the title of Dashrath Lal Jain and, therefore, the defendant has not acquired title to this house by adverse possession.