LEKH RAJ Vs. CHIMAN LAL

JUDGEMENT

(1.) HEARD and gone through the record. Respondent Chiman Lal, hereinafter called plaintiff, filed a suit for possession of a house against the defendants, one of whom is his brother and the other one is wife of the said brother, alleging that land measuring 1 Kanal

(2.) MARLAS , bearing khasra No. 1544/1, was joint abadi of the parties and that there had been a family settlement. . A house marked by letters A, B, C, D standing on a portion of the aforesaid khasra No. 1544/1, fell to his share and thus he became its exclusive owner. 2. He further alleged that he being in Army, handed over the house to one of his brothers and that after that brother of his vacated the house, the appellants-defendants, approached him for using the house as licensees and assured that the same would be vacated, on demand. He alleged that he being unmarried at that time and also being in the Army gave the possession of the house to the defendants- appellants, but later on when he got married in the year 1992 and required the house, the defendants refused to vacate it.

(3.) TRIAL court returned the finding that the plaintiff was the owner of the suit house and that the plea set up by the defendants was unfounded. Consequently, the suit was decreed. Appeal was preferred against the judgement and decree of the trial court. The learned District Judge, has affirmed the aforesaid finding of the trial court as also the decree.