MAHENDRA SINGH Vs. ROGRA

JUDGEMENT

(1.) THIS is a second appeal by the defendant in a suit for possession of certain apartments situated in a house in village, Jahar Keda, District Alwar.

(2.) PLAINTIFF's case is that during the communal disturbances while he had left the village, the disputed property was declared evacuee property and in his absence, was allotted to the defendant for residential purposes. On his application the property was restored to him by the Custodian by his order dated 14th September, 1955 and the plaintiff was given symbolical possession on 17th February, 1956. The defendant at first promised to execute a rent note in favour of the plaintiff but latter on failed to do so and refused to deliver possession to him. The plaintiff thereupon served him with a notice on 6th March, 1956 but the defendant denied the title of the plaintiff on 15th May, 1957. The plaintiff therefore, claimed recovery of possession from the defendant.