JAGDISH AND ORS. Vs. RAMESHWAR DAYAL AND ORS.

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 27.9.2012 passed by Additional District Judge, Dholpur in Civil Appeal No. 06/2011 confirming the judgment and decree dated 31.3.2008 passed by Civil Judge (Junior Division) Bari, in Civil Suit No. 221/1992 whereby the suit for eviction has been decreed in favour of the plaintiff - respondents.

(2.) THE short facts of the case are that a civil suit has been filed by the plaintiff respondents for eviction on the ground of denial of title of the respondents and other grounds have also been raised. The defendants have denied the contention of the plaint and their contention was that they have constructed the house and residing there from last 30 years. The court below has mainly decreed the suit on the strength of rent deed Ex.13 dated 13.10.66 for which the courts below have raised the presumption under Section 90 of the Evidence Act.

(3.) HEARD the learned counsel for the parties and perused the judgments and decree under appeal.