GOVIND SAHAI Vs. FATTA

JUDGEMENT

(1.) GOVIND Sahai, the plaintiff appellant whose suit for restoration of possession was decreed by the trial court has filed this appeal against the decision of the learned Addl. Commissioner, Jaipur dated 11. 1. 57 who reversed the decree of the trial court and directed that the suit be dismissed.

(2.) THE plaintiff's case before the trial court was that he has a landlord had let out half of field No. 594 to Fatta the respondent No. 1 and the other half to Moolia, Sampat and Chhajya the other defendant-respondents who subsequently relinquished the same in favour of the plaintiff appellant who started cultivating it but Fatta, the defendant unlawfully took possession of it in Asad Svt. 2011 without any authority. It was also urged that similarly out of field No. 567 Fatta the defendant also unlawfully took possession of 27 biswas of land. THE plaintiff therefore prayed for restoration of possession on the land in dispute. Fatta the defendant in his written statement denied the allegations and urged that the land in dispute had been in his cultivatory possession for the last 15 or 16 years and that it was not relinquished by the other defendants in favour of the plaintiff, who never cultivated it in the past. THE other defendants did not put in any written statement. THE trial court after framing necessary issues decreed the plaintiff's suit and directed the ejectment of Fatta from the land in question out of field Nos. 594 and 567. Fatta went in appeal before the learned Addl. Commissioner who, however, took a different view of the case and reversed the finding of the trial court and dismissed the suit. THE plaintiff has now come in appeal against the aforesaid decision of the Addl. Commissioner.