S.ABDUL NAZEER,J. - (1.) This appeal by the appellants-plaintiff is directed against the judgment and decree dated 22.08.2005 in Second Appeal No.31/2001 (Old No. 1510.1985) passed by the High Court of Uttaranchal at Nainital.
(2.) Brief facts necessary for disposal of this appeal are narrated herein below.
(3.) Dr. B.C. Singh and his wife Dr. Stella Lillian Singh ('Dr. S.L. Singh' for short) had purchased immovable property known as Capel Cottage No.2/3, along with Annexe No.2/3/4 and Annexe No.2/3/5 situated in Survey No.199 at Ranikhet by deed of sale dated 11.2.1952. Dr. S.L. Singh died on 20.3.1976 leaving no issue. Dr. B.C. Singh and his deceased wife Dr. S.L. Singh were Christians. In the year 1968 Dr. S.L. Singh became acquainted with J.M. Utarid, and she invited him to Ranikhet. J.M. Utarid came to Ranikhet in 1969 and stayed at the home of Dr. B.C. Singh and his wife. During this period J.M. Utarid started living in Capel Cottage Annexe No.2/3/5 after it was vacated by its previous tenant. After sometime, Dr. B.C Singh asked J.M. Utarid and his children to vacate the annexe but they failed to vacate the premises in question. Dr. B.C. Singh filed a suit for eviction against J.M. Utarid. The suit was dismissed on 28.8.1978 as Dr. B.C. Singh failed to prove the tenancy of Mr. J.M. Utarid. The revision filed against the said order was also dismissed. Thereafter, Dr. B.C. Singh filed Civil Suit No.32 of 1980 against Mr. J.M. Utarid and his two sons for possession of the property and for damages on the ground that they were the licensees in respect of the suit property and that their licence had been terminated by a notice served on;