MOHAN LAL Vs. DAYA WANTI

JUDGEMENT

(1.) This Regular Second Appeal by the defendants is directed against the judgments and decrees dated 25.2.2005 and 3.5.2006 passed respectively by the Civil Judge (Junior Division), Jagraon (referred to hereinafter as 'the Trial Court') and the Additional District Judge (Ad hoc), Fast Track Court, Ludhiana, (described as 'the first appellate Court'), whereby the suit filed by the plaintiff/respondent No. 1 was decreed and the appeal filed by the defendants/appellants was dismissed.

(2.) The plaintiff-respondent No. 1 pleaded that she is in possession of the suit property upon which a house has also been built and that the appellants are in possession thereof paying Rs. 480/- per month for its use and occupation as rent. It is pleaded that the house is now in a dilapidated condition and that no amount is being paid. Recovery of the amount from 1.4.1995 to 31.1.1998 along with interest @ 18% was prayed for. The appellants denied that they were paying anything to the plaintiff-respondent No. 1. They pleaded adverse possession. The parties thereafter went to trial on the following issues :-

(3.) Both the Courts came to the conclusion that the appellants set up the plea of adverse possession. The plea of tenancy at the rate of Rs. 480/- per month was also disbelieved. Hence, no recovery was awarded in the favour of the respondents, but the suit was decreed by observing that the plaintiff- respondent No. 1 was the owner of the property and thus entitled to possession.