RAMDUTT CHOWDHRY Vs. LAKHI KUMAR

JUDGEMENT

(1.) The plaintiff in this case sued to recover possession of a small portion of land, on which had been built a house, and which his (plaintiff's) father was said to have bought in 1829 at a sale in execution of decree of the rights and interests of one Ram Sing. Plaintiff alleges that the defendant, on the strength of a deed of sale given to her on the 22nd Kartik 1267 by the wife of Jabu Sing, the brother of the aforesaid Ram Sing, dispossessed him, and built her own house upon the land. The defendant's allegation was, that all that the plaintiff's father bought at the auction sale was a share in the house itself; that that house had fallen down a long time ago, and that the plaintiff had carried off the materials.

(2.) There was a further allegation that the plaintiff's father was not the auction purchaser, and that neither he nor the present plaintiff bad ever been in possession of the disputed property.

(3.) The first Court dismissed the plaintiff's suit, finding apparently that he had neither proved possession nor title; but the Subordinate Judge reversed that decision, on the ground that the plaintiff had satisfactorily established his possession for more than twelve years.