SARASWATI GIR Vs. DHANPAL SINGH

JUDGEMENT

(1.) THE unsuccessful defendant has come up in second appeal against the judgment and decree of the first Appellate Court reversing on appeal those of the trial judge whereby the suit of the plaintiff/ respondent for possession of the property in dispute was dismissed.

(2.) THE facts:-The respondent/plaintiff filed a suit for a declaration to the effect that he was a lessee of the disputed site situate within the municipal limits of Kurali, which was leased out to him under a registered lease deed dated 26-11-1970 by Surasti Gir on an annual rent of Rs. 480/-, for a period of 30 years. He was put in possession of the same. The original lessor left the temple and in his absence Sham Gir threatened to dispossess him necessitating the filing of the instant suit. He claimed that he was in possession and in case it is found otherwise, a decree for possession be passed in his favour.

(3.) DEFENDANT No. 1 died during the pendency of the suit. His name was deleted from the array of the parties.