AMAR SINGH Vs. SWARN SINGH

JUDGEMENT

(1.) THIS second appeal by the defendants -appellants is against the judgment of reversal.

(2.) THE plaintiff filed Title Suit No. 22 of 1979 for declaration of title over the suit property and for recovery of possession. The said suit was dismissed by Subordinate Judge, Jamshedpur in terms of judgment and decree dated 13th September, 1982. Aggrieved by the said judgment and decree, the plaintiff preferred Title Appeal No. 02 of 1982 which was allowed by the 2nd Additional District Judge, Jamshedpur in terms of judgment and decree dated 12th June, 1990 and set aside the judgment and decree of the trial Court. Hence, this Second Appeal by the defendants.

(3.) THE defendants appeared and filed written statement stating inter alia that the suit premises was originally purchased by Dhanna Singh, who was the absolute owner. Defendant No. 4 is the wife and defendant Nos. 1 to 3 are the sons of Dhanna Singh. It was further stated that first wife of Dhanna Singh died in the year 1942 and, thereafter, the suit premises was acquired by them. Defendants' further case is that defendants have been, at all point of time, residing in the same house and the allegation of trespass is absolutely false and fabricated. The defendants further pleaded that in the criminal cases instituted by the plaintiff for trespass, the defendants were acquitted.