GENDA RAM Vs. BABU RAM

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the First Appellate Court whereby suit for possession filed by the plaintiff was dismissed while accepting the appeal filed by the defendant.

(2.) THE plaintiff has filed suit for possession, inter alia, on the ground that the plaintiff was in possession of the suit land since the time of his forefathers for the last more than 50 years. The suit land has been in actual, continuous possession of the plaintiff or his forefathers and using it as courtyard of his house. It was alleged that the defendant on the strength of power and influence had taken forcible possession of the suit land by taking undue advantage of arrest of the plaintiff and his family members in the year 1978, by raising construction of the boundary wall around the suit land and, thus, the defendant is in illegal possession of the suit land. In view of the said allegation, the plaintiff claimed possession of the land shown by letters ABCD.

(3.) THE learned trial Court decreed the suit of the plaintiff but the judgment passed by the trial Court was set aside in appeal. It was found that it is not the case of the plaintiff that he is owner of the property by virtue of purchase. The plea of title was raised on account of plaintiff and his forefathers being in adverse possession of the suit land which remains unsubstantiated.