KALYAN SAHAY Vs. MADAN LAL

JUDGEMENT

(1.) THIS is a plaintiff's second appeal against the judgment and decree passed by the first appellate court dismissing the plaintiff's suit for possession with costs which was decreed by the trial court.

(2.) THE plaintiff -appellant filed a suit for possession in respect of the disputed Surang and Chabutra measuring 14' x 5' x 2' x 5' shown in red colour in the site plan annexed with the plaint, situated at Govindgrah. According to him, he is the owner and in possession of the disputed Surang and Chabutra which is a part and parcel of his house, being used as a passage to his house. The plaintiff is residing at Alwar and, therefore, in his absence the denfendant No. 1 in the month of April, 1962 took illegal possession of the Chabutra and Surang and ultimately refused to vacate it on 9 -9 -65 inspite of verbal protest and notice delivered to him and on the contrary set up the title of defendant No. 2 regarding the disputed Chabutra and surang, in his reply and he wrongly showed himself to be the tenant of defendant No. 2 hence the suit for possession was filed.

(3.) THE defendant No. 2 in his written statement has stated that the disputed Surang and Chabutra have been in her possession and defendant No. 1 is her tenant for the last 23 years in respect of it. There is another way of going upwards to the house of the plaintiff as a passage as alleged by him. The value of the suit property is Rs. 1500/ - and the suit is not within limitation.