SHIB CHARAN DAS Vs. KHARKA

JUDGEMENT

(1.) This is a plaintiff's appeal. He is the owner of a Purwa situated within the Municipality of Meerut. He sued to eject the defendants from three houses on the allegation that the sites of the houses had been let originally to the father of the defendants at a rental of three annas per mensem for them to build on, on the understanding that whenever the plaintiff desired it, the defendants should vacate the land on receiving the price of the materials of the buildings. The defendants denied that the plaintiffs were the owners of the land. They said that their predecessor-in-title had acquired the sites from Government. They also pleaded that they had paid no rent to the plaintiff for over 12 years and that if the plaintiff bad any title originally, he had lost it by adverse possession.

(2.) The lower Court held that the plaintiff was the owner of the land but that the tenancy was a permanent one and, therefore, decreed the suit only so far as the rent was concerned. The plaintiff appealed.

(3.) The learned Judge has found that the tenancy, so far as the pucca house was concerned, was a permanent one and dismissed the suit.