BHERU LAL Vs. TEJA RAM

JUDGEMENT

(1.) THIS is defendants' second appeal against the judgment and decree dated the 14. 01. 1974 of the Additional District Judge, Udaipur affirming the judgment and decree of the Additional Civil Judge, Udaipur, dated September 22, 1969 decreeing the plaintiffs' suit for possession.

(2.) THE case relates to a Dewra of Bheruji and the property attached to it situated in Moti Chohta, Udaipur. THE plaintiffs' case, in brief, was that the suit property was owned and possessed by the plaintiffs. It was given to Pyaraji Kandera for the purposes of sewa puja. After the death of Pyaraji the defendants, who are sons of Pyaraji, neglected to do sewa-puja and are denying even the title of the plaintiffs. THE plaintiffs, therefore, filed the suit for the declaration that the Dewra and the attached i. e. Overi, Parikrama, Padsal and the shop was owned by the plaintiffs. It was also prayed that the defendants may be removed from the suit premises and the plaintiffs be put in possession of the same. THE suit was contested by the defendants. THEy denied the ownership of the plaintiffs. It was pleaded that they were in possession of the property since the time of their ancesters and that they had become owners of the same.