SHIV NARAYAN Vs. AYODHYA DEVI

JUDGEMENT

(1.) THE appellant/defendant, Shiv Narayan S/o. Sh. Bheru Singh, has filed present second appeal under Section 100 of CPC, 1908, being aggrieved by the concurrent decree of possession and mesne profit against them in respect of suit property situated at Kabootaron -ka -Chowk, Jodhpur.

(2.) THE respondent/plaintiff, Smt. Ayodhya Devi W/o. Sh. Kishtoorchand Bhati, purchased the suit property "Nohra" from Smt. Chandra Gupta by way of a registered sale -deed dated 20.11.1979 for a sum of Rs. 25,000/ -. In the said suit premises, one room was earlier let -out to the defendant, Shiv Narayan (who is now represented through his legal representatives) at a monthly rent of Rs. 5/ - by Smt. Chandra Gupta. The respondent/plaintiff, Smt. Ayodhya Devi, filed the suit seeking eviction and dispossession of the defendant from the suit property described in the suit, which according to plaintiff was in excess possession beyond one room, which was in his tenancy from the original owner, Smt. Chandra Gupta; and according to plaintiff, the defendant had encroached upon said described excess portion of the property in question and had no right to remain in the possession of the same.

(3.) THE first appeal filed by the appellant/defendant, Shiv Narayan S/o. Bheru Singh being Civil Appeal No. 13/1992 -Shivnararyan Vs. Smt. Ayodhya Devi, was also dismissed by the lower appellate court of Additional District Judge No. 1, Jodhpur, on 23.02.1993 and the relevant findings of the appellate court as contained in para 10 of the judgment and decree are quoted herein below for ready reference: -