BUDHU Vs. TULSI

JUDGEMENT

(1.) THIS is the defendants appeal against the judgment and decree of the learned District Judge dismissing the appeal preferred by the appellants herein against the judgment and decree of the learned trial Court decreeing the suit of the plaintiff -respondent granting a declaratory decree that the plaintiff and proforma defendant No. 3 are the owners of the suit land comprised in Khasra Nos. 445, 530, 531, 558 and 572, Khewat No. 139, Khatauni No. 158, measuring 17 -2 Bighas situated in village Asa Majari, Pargna Bahadarpur, Tehsil Sadar, District Bilaspur, H.P., the appellants are licensees of the land. A decree for possession as prayed was passed in favour of the plaintiffs.

(2.) THE plaintiff Smt. Smt. Durgi, whose estate is now represented by respondents No. 1 to 4, filed a suit for five plots of land comprised in Khasra Nos. 445, 530, 531, 558 and 572, praying for a decree for declaration and possession that she is the owner of the suit land.

(3.) THE suit of the plaintiff was resisted on a number of pleas; the main being that the possession of the defendants over the suit land was adverse. The learned trial Court on the settled issue held that the defendants were licenses of the suit land. One of the defendants had relied upon the written statement Ex.DW -2/A filed by Smt. Surju mother of the plaintiff in another suit filed by one Dwarku in which the plaintiff had admitted possession of the defendant to be adverse. The learned trial Court brushed aside this pleading by saying that it has no relevance and does not establish the case of the defendant(s). On the totality of the evidence, the learned trial Court negatived the plea of adverse possession and granted a decree, as prayed for.