AJMER SINGH Vs. SOHAN LAL

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court.

(2.) His Highness Maharaja Partap Singh originally filed a suit for mandatory injunction for directing the defendants to vacate the possession of Kothi known as Pond House which is part of Hira Mahal Estate, situate at Nabha and in the alternative suit for possession. Sohan Lal and Bant Singh who were later on added as plaintiffs as they have claimed to have purchased the Kothi in dispute known as Pond House from Maharaja Partap Singh through his Mukhtiar-i-am Roshan Lal vide registered sale deed dated 21.3.1973. Bant Singh died during the pendency of the suit and his legal representatives were brought on record.

(3.) The defendants resisted the suit of the plaintiffs. It was pleaded that the Kothi in dispute was given to them in the beginning of the year 1947 as grant for services rendered by them to him. This fact was certified by Sh. Roshan Lal, household controller of Maharaja Partap Singh, as per writing dated 12.3.1965. This house was given to them as 'Bakhshish' and ever since then they are in possession as owners. The defendants denied that they are licensees. The defendants also set up the plea of adverse possession in the alternative. The plea of limitation was also taken.