LAWS(RAJ)-1974-1-49

TRIVENI BAI Vs. SWAROOP CHAND

Decided On January 15, 1974
TRIVENI BAI Appellant
V/S
SWAROOP CHAND Respondents

JUDGEMENT

(1.) THIS first appeal by the defendant is directed against the judgment and decree of the Civil Judge, Ajmer in a suit for possession and mesne profits.

(2.) THE dispute relates to a part of the house bearing old No. A M. G. 7/261 and now No. 14/249 situated in Gujar Gawadi in Ajmer fully described in paras 6 and 13 of the plaint as also in the site plan attached to the plaint-portion marked in red colour.

(3.) IT may be stated at the very outset that the plaintiffs have succeeded in proving their title. They were mortgagees of the premises in dispute which were subsequently purchased by them at the court sale held in execution of the mortgage decree obtained by them. The sale certificates Ex. 3 and Ex. 4 standing in the names of Basantiram and Noratmal respectively leave no doubt about the title of the plaintiffs. IT is further clear that the defendants have no title to the suit premises and their whole case was that they had perfected their title by adverse possession.