BRIJ KANT Vs. GOPAL CHAND GUPTA

JUDGEMENT

(1.) The appellant-defendant is in regular second appeal against the concurrent findings of fact, whereby the suit filed by the respondentplaintiff for mandatory injunction of handing over the vacant possession of porition of House No.E.A. 56, Mohalla Quilla, Jalandhar measuring 3-3/4 marlas in occupation, as per description given in the plaint, has been decreed by both the Courts below.

(2.) It would be apt to give preface of the matter before adverting to the rival contention of learned counsel for the parties.

(3.) The respondent-plaintiff instituted the aforementioned suit on 07.02.2005 on the basis of having acquired the title/share in the aforementioned property on 09.08.2001, whereas the entire property is 7 marlas. It was averred that the previous vendor had inducted the appellant1 of 6 defendant as a licensee and therefore, the license was transferable and filing of the suit itself, according to the plaintiff, was a notice of revocation of the license. The aforementioned suit was contested on the premise that the appellant had become owner by way of adverse possession as he had been living with his family without any objection, demure and interruption since 1986. The trial Court on the basis of preponderance of evidence decreed the suit and the appeal taken before the lower Appellate Court also met with the same fate.