BHAGAT RAM Vs. SANTA SINGH

JUDGEMENT

(1.) DELAY of 8 days in filing the appeal is condoned for the reasons stated in the application under Section 5 of the Limitation Act.

(2.) ON merits, I have heard the learned counsel for the petitioner.

(3.) BRIEF facts of the case are that the plaintiff filed a suit for declaration and injunction alleging that the property in suit was allotted to him and Baba Mela Ram and during the consolidation, necessary entry dated 2.2.1956 was made in favour of the plaintiff and Baba Mela Ram. It was further averred that defendant No. 1 Santa Singh got the entry of Khasra Girdawari in his favour for Sauni 1986 in connivance with the Halqa Patwari and the said entry was false and wrong. Baba Mela Ram died in the year 1987 and thereafter the plaintiff became the exclusive owner in possession of the suit property. After the death of Mela Ram, his devotees gathered and Bhagat Ram was made a chela of Mela Ram and Smadh and Room No. 7 were constructed in the suit property by his devotees. It was further alleged by the plaintiff that during his life time Baba Mela Ram nominated him as his chela as he had been serving the said Baba Mela Ram. The plaintiff is in peaceful possession of the entire suit property as he is living in room No. 6 and is worshipping the Smadh. Defendant Santa Singh had been constructing his house in village Naloyian and he asked the plaintiff to accommodate him for a short period. The defendant assured the plaintiff that he would vacate the room Nos. 4 and 5 as and when his house was completed. Defendant No. 1 is a licensee over the two rooms in question. Now defendant No. 1 has started asserting his legal right over the property of Baba Mela Ram as owner and had tried to dispossess the plaintiff from the suit property.