SRILAL Vs. SOHAN LAL

JUDGEMENT

(1.) This second appeal under Section 100 CPC has been filed against the judgment and decree dated 11.11.94 passed by Additional District Judge No.1, Bharatpur in Civil Regular Appeal No. 21/82 (17/93) confirming the judgment and decree dated 18.10.82 passed by Munsiff, Kama in Civil Suit No. 8/80 whereby the trial court has decreed the suit of plaintiff respondent.

(2.) The short facts of the case are that plaintiff respondent filed a suit for recovery of possession of the suit property with the contention that the appellant was the original resident of Tara Nagar. 5-6 years back, he came to village Sonokhar and started living there. Thereafter plaintiff respondent allowed the defendant to run a flour mill in the suit premises and appellant also started living there. On 1.9.74 when he was asked to vacate the suit premises, he disputed title of the plaintiff respondent, hence suit for recovery of possession has been filed. The appellant has denied the title of the plaintiff respondent and his averment in the written statement was that he is living in the suit premises in his own rights and patta has been issued in his favour by Panchayat Samiti, Sonokhar. The learned trial Court has decreed the suit in favour of respondent and appeal has also been dismissed, hence this second appeal.

(3.) On 23.12.94, the appeal has been admitted on the following substantial question of law: