GOPAL SAHU Vs. GHANSHYAM DAS

JUDGEMENT

(1.) The defendants are appellants. They are aggrieved by the decision of the Subordinate Judge of Muzaffarpur, dated 28th June 1926, who disagreeing with the decision of the Munsif decreed the plaintiffs' suit for possession over the land in dispute. The plaintiffs purchased in January 1913, a plot of land No. 1070 in mauza Asoki Parshotimpore. They built a pucca, house over it, leaving a portion south of it as parti. The defendants are owners of plots 1071 and 1072 south of the parti land in dispute. They have built houses on those plots and on 28th January 1923, they put up fencing on the eastern and western ends of the parti land, and plaintiffs state it as their cause of action being an interference with their possession over the land in dispute.

(2.) Both the Courts below have concurrently held that the land in dispute forms part of the plaintiffs' plot 1070 and that the plaintiffs have established their title to it. The defendants therefore have no title to the land in question, and they could succeed only by showing that they had held possession of the land adversely to the plaintiffs for over twelve years.

(3.) The Court below has held that the defendants failed to prove this, and in fact one of the defendants' witnesnes, namely, witness 2 admitted in his evidence that they built their house on the south about six or seven years ago and that the plaintiffs built their house on the north about twelve years back. The learned advocate on behalf of the defendants has failed to show that the view of the evidence taken by the Court below on the point is not borne out by the record.