HARINARAYAN SHAW Vs. GOBARDHANDAS SHROFF

JUDGEMENT

(1.) The plaintiff respondent filed the suit out of which this appeal arises for recovery of possession of a particular property after declaration of title and also for damages. The plaintiff's case was that the property in suit belonged to the Srinagar Dharmasala Trust Fund which had been let out in tenancy. On 30-7-1942, possession was obtained after a decree in ejectment had been passed against the tenant. About May, 1946, defendant 1 unlawfully took possession of the land, illegally constructed certain temporary sheds and let out the same to defendants 3 and 4. Defendant 2 had also raised a platform in one portion of the land in collusion with defendant 1 without the knowledge of the plaintiff.

(2.) The principal defence was raised on behalf of defendant 1 who denied the plaintiff's title, claimed that he was not a trespasser, but his father had been in possession since 1939 With the consent of the plaintiff. Defendants 3 and 4 were claimed as tenants.

(3.) Defendant 3 claimed to be a tenant, and was ready to pay rent either to defendant 1 or to the plaintiff whoever was entitled to the same. Defendant 4 also claimed to be a tenant under defendant 1.