BANARSI DASS Vs. NEEL KANTH

JUDGEMENT

(1.) THE present Regular Second Appeal at the behest of the defendant is directed against judgment dated 16.3.1991 of the Court of the Additional District Judge, Karnal (hereinafter described as 'the lower Appellate Court') by which the findings recorded by the Court of Sub Judge IIIrd Class, Karnal (for brevity, 'the trial Court') in its judgment dated 21.9.1990 were reversed.

(2.) BRIEFLY stated the facts of the case are that Neel Kanth-plaintiff (since deceased and presently represented by his legal heirs) through his wife-Smt. Khazani Devi (now dead) filed a suit for possession of ground floor of House No. 180, Ward No. XII, Patwan Mohalla, Karnal against the defendant-appellant. It was pleaded that Neel Kanth along with his brothers Brij Bhusan and Ram Kishan (respondent Nos. 2 and 3 herein) had inherited the aforementioned house from Smt. Krishani widow of Siri Dhar, their brother, on the basis of succession certificate issued in Case No. 16 of 1985, decided on 13.1.1986 because Siri Dhar, who pre-deceased Smt. Krishani, had died issueless. It was alleged that the appellant had trespassed on ground floor of the aforementioned house and had established his possession unauthorisedly.

(3.) ON the pleadings of the parties, the following issues were framed :-