JANA BEGUM Vs. PRITHVI NATH RAZDAN

JUDGEMENT

(1.) This civil second appeal is directed against judgment and decree of learned Additional District Judge, Ramban, in file No. 2/Appeal dated 2-8-2002, whereby while dismissing the appeal of the appellant, he upheld the decree of the Sub-Judge, Ramban, who had decreed the suit for possession filed by the respondents.

(2.) The case of the plaintiffs/respondents is that in the year 1968, the plaintiffs occupied two marlas of land in survey No. 383/ 100 and two marlas of land in survey No. 383/101 at Maitra Govindpura Ramban. These two plots, the plaintiffs aver, are adjacent to each other. Plaintiff No. 1 and plaintiff No. 2 are husband and wife. They had sought permission of Chairman, Notified Area Committee, Ramban, to construct a house on the aforementioned plots. Vide order No. 266 NAC dated 5-3-1969, the Notified Area Committee. Ramban, approved their plan and accorded sanction to them to construct their house as per the site plan, The plaintiffs constructed their house comprising of five rooms and a verandah. Rest of the land was used by the plaintiffs as compound. After the construction of the house, Tehslldar, Ramban, started eviction proceedings against the plaintiffs and by his order dated 2-4-1971 directed the dispossession of the plaintiffs from the said land. Demolition of house too was ordered by the Tehsildar. The plaintiffs took the matter to the Revenue Minister, who disposed of the matter vide his order dated 27-5-1976 and held the possession of the plaintiffs over the suit land as bona fide and directed its regularization. Demolition of the house too was stopped by the Revenue Minister. The plaintiffs claim to be the owners of the land and the house in terms of the judgment of the Revenue Minister.

(3.) The plaintiffs submit that in the year 1985, due to domestic exigencies they left for Kashmir after having locked the house in question. It was in the month of July, 1987, the plaintiffs learnt that the defendant had forcibly entered the house and started living there. The plaintiff requested the defendant to vacate the house and hand over the possession to them but without any result. The plaintiffs, therefore in the circumstances, filed a suit before Sub-Judge, Ramban, who framed the following issues after perusing the written statement of the defendant and documents filed in the case. The issues read, thus :