PARBATTI Vs. RULIA RAM ALIAS NAFE

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs have filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 11. 4. 1979 passed by the Court of learned Additional District Judge, Rohtak, who accepted the appeal of the defendant-respondent by setting aside the judgment and decree-dated 31. 7. 1978 passed by the learned Trial Court i. e. Sub Judge III Class, Rohtak.

(2.) BRIEF facts of the case are that Smt. Parbatti and Nihal Chand alias Baldev Raj plaintiffs filed a suit for possession of one Kotha shown with green colour in the site plan attached with the plaint and denoted by letters 'efgh' situated in Qilla Mohalla, Rohtak and the case set up by the plaintiffs was that they had purchased in equal share a plot of land fully described in para No. 1 of the plaint measuring 175 square yards from one Roshan Lal son of Ram Sarup for a consideration of Rs. 4,000/vide two registered sale deeds dated 19. 7. 1971. Thereafter, they constructed a kotha, in December, 1971, denoted by letters 'efgh' as shown in the site plan. Defendant Rulia Ram is the grandson in relationship of plaintiff No. 1 Smt. Parbatti and he took the Kotha on licence from the plaintiffs for a short term of three months on 1. 1. 1972 in order to spend winter season as the defendant was in urgent need of the accommodation. This request of the defendant was accepted by the plaintiffs and the defendant was given the possession of the Kotha as a licensee, but he has refused to vacate the same on demand; hence the suit on the basis of title.

(3.) THE plaintiffs filed replication to the written statement in which they re iterated their allegations made in the plaint while denying those in the written statement and from the above concise pleadings of the parties, the following issues were framed by the trial Court :