MUNNIR MOHAMMAD Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) This is the second appeal under Section 100, C.P.C. filed by the defendant against the judgment and decree dated 17-4-1999 whereby learned Additional District Judge No. 4, Jaipur City, Jaipur affirmed the judgment and decreed dated 18-3-1993 passed by the learned Additional Munsif (East), Jaipur City, Jaipur.

(2.) Briefly narrated the facts are that the plaintiffs-respondents (hereinafter to the referred as the plaintiffs) filed a civil suit on 29-4-1974 for declaration and possession of some portion of the house No. 926 situated in Rasta Khandar, Gall Tripolla Wall, Chowkri Gangapole, Jaipur with the averments that the plaintiffs are the owners of the house which has been marked 'Ka' in the map annexed to the plaint. It was further averred that there is a Medi (room) along with open space which has been marked 'Kha' over the property marked 'K'. The defendant who belongs to the family of the plaintiffs is residing in the portion marked 'Kha' with the permission of Abdul Latif father of the plaintiffs for 8 to 9 years. This portion was neither purchased nor constructed either by the defendant or his father. This portion 'Kha' was purchased by the father of the plaintiffs through Court auction and after his death, the plaintiffs are in possession as owners. It was next pleaded that since this house was in damaged condition, they obtained permission of the Municipal Council on 10-8-1972 for reconstruction of the said house. Thereupon, the defendant filed a civil suit against the plaintiffs on 28-2-1973 claiming himself to be the owner of this Medi 'Kha' with a prayer for permanent injunction. The plaintiffs, thereafter, vide notice dated 27-8-1973 revoked the license and asked the defendant to hand over the possession. House, it was prayed that the plaintiffs be declared owner of this house 'Kha' and possession be delivered to them.

(3.) The defendant vide his written statement while admitting this fact that house marked 'Ka' in the map is in possession and ownership of the plaintiffs, denied the averments made with regard to house marked 'Kha'. The defendant came out with a plea that this Medi along with open space is in his possession since long as owner. In the alternative, it was pleaded that the defendant's possession over the house 'Kha' is for last 12 years and thus he has become the owner by adverse possession also.