JUGAL KISHORE Vs. RAMNATH

JUDGEMENT

(1.) THIS is plaintiffs' second appeal against dismissal of their claim for possession of a plot of land by both Courts below.

(2.) BRIEFLY stated, the case of plaintiff Moolchand (Father of the present appellants) was that his father Narsingh had purchased the suit plot of land by sale -deed Ex. P -1 for a price of Rs. 31.00 on 22.4.1913. The plaintiff Mookhand continued to be in possession of the property. Over the years a shed standing on the suit plot of land fell down leaving the suit property an open plot of land. It was alleged that the defendants encroached upon this plot of land on 11.12.1964 and refused to deliver its possession despite notice. The plaintiff, therefore, claimed possession of the suit plot land as described in map attached with the plaint.

(3.) THE learned first appellate Court concurred with the trial Court and held that the plaintiff did not prove his title to the suit property. The first appellate Court further held that even if the plaintiff had acquired title, the defendants have extinguished title of the plaintiff by adverse possession. Consequently the suit was dismissed.