BAJJI Vs. BHAIRON

JUDGEMENT

(1.) THIS is a second appeal by the defendant in a suit for possession.

(2.) THE respondent Bhairon instituted the suit in the Court of Munsif, Sawai madhopur, on 18th April 1950, on the allegations that he and one Mst. Man-ni purchased a house in Mohalla Har Sahaiji ka Katla at Sawai Madhopur on 31st July 1928, for a consideration of Rs. 190, and thereafter the plaintiff remained in possession thereof, About 7 years ago, the plaintiff wanted to shift his residence to his field, and Gyarsi, grand-mother of Bajji, requested him for permission to occupy the house, as she had none other house to live in. The plaintiff gave permission to Gyarsi and to his son's wife Jagni, mother of the defendant, to live in the house. It was alleged that Gyarsi had died, but Jagni and Bajji continued to live in the house. Jagni had since contracted re-marriage, and Bajji went to her husband's house, and, therefore, the plaintiff asked them to give back the house to him, but Bajji asserted her own claim in survey proceedings, and denied the plaintiff's title on 30th November 1949, which made it necessary for the plaintiff to institute the present suit for possession.

(3.) JAGNI said that she had no concern with the house, but Bajji contested the suit. She alleged that the real owner of the house was Mst. Manni, and the plaintiff bhairon's name was only inserted in the sale-deed because Manni wanted to take him in adoption. It was alleged that the real owner was Manni and the plaintiff had no concern with the house, and that Manni by her Will bequeathed the house and other properly to Gyarsi, and Gyarsi by another Will bequeathed that property to bajji. It was alleged that the house had been in the possession of the defendant and her said predecessor-in-title ever since it was purchased, and the entire allegations as to granting of permission to Gyarsi and Jagni were false.