KALI DEI Vs. BRUNDABAN MALIK

JUDGEMENT

(1.) THIS is the defendant's appeal from the reversing decision of Sri D. P. Shanna, addl. Subordinate Judge dated 16-9-67 passed in T. A. No. 128/66. It arises out of a suit for declaration of plaintiff's right and title to the suit properties and confirmation or in the alternative for recovery of possession and for permanent injunction.

(2.) THE suit-properties described in Schedule A of the plaint originally belonged to the husband of the original defendant, Sakhi Bewa. In execution of a money-decree against him and his brother, these properties were sold in auction and purchased by the plaintiff. Possession was delivered to him through Court on 18-641. He continued in possession thereof till 1956 when he engaged the defendant as a watcher for a remuneration of Rs. 30/-per year and in evidence of such arrangement, defendant executed Ext. 1 on 28-3-56. This document is nomenclatured as "jaguali Patra". Subsequently the plaintiff being aware that the defendant was setting up an adverse claim to the disputed properties, filed the present suit on 23-12-63 for the aforesaid reliefs. This is the plaintiff's story.

(3.) ADMITTEDLY the properties in the suit belonged to her husband and was sold in execution of money-decree but despite such sale and consequent delivery of possession in execution case in favour of the plaintiff she continued in possession and the plaintiff never got actual physical possession thereof. She was paying rent throughout. Thus, she being in possession continuously for more than 12 years adversely to the plaintiff, has acquired title to it by adverse possession.