KISHORI LAL Vs. BISIA

JUDGEMENT

(1.) THE appellant -plaintiff ishori Lal failed in both the courts below and filed the present Regular Second Appeal. This appeal was admitted on 22.5.1997 on the following substantial questions of law :

(2.) BRIEFLY stated, the facts giving rise to the instant appeal are that the disputed is about the two rooms (house) are situated in ˜Abadi deh in Khata Khatauni No. 78 in Mauja Parag, Pargana Takaroli, Tehsil and District Solan, in short the ˜disputed property. According to the case of plaintiff -appellant herein, the disputed property was built up by his father Chet Ram. In the family partition on 20.12.1931 it fell in his share. Since Shri Balia was a tenant of Shri Chet Ram qua some other land, the disputed property was in his occupation. Balia surrendered his tenancy in favour of Chet Ram aforesaid in the year 1937, but he did not vacate the said property. After the death of Balia, it was occupied by his son Bhagtia, who remained in its possession till his death on 11.7.1980. During his life time, Bhagtia executed a will in favour of Bhawani Dutt, but after the death of Bhagtia, his daughter Dropti along with her husband Bishia started residing therein. Thereafter, a dispute arose between Bhawani Dutt and Dropti Devi and Bishia with respect to the disputed property. It is alleged by the plaintiff that he came to know only at that time that it belonged to him. Thus, he filed the suit before the trial Court seeking the decree of possession.

(3.) THE plaintiff -appellant also filed the replication to the written statement aforesaid wherein he denied the case of the defendants and reasserted of even paras of the plaint.