- (1.) The dispute in this case between the parties is regarding two shops situated in Barhasaini Hukam Ganj-Fillap Ganj Kacheri Ghat, Agra. Raman Lal, plaintiff who has since died filed the suit No. 424 of 1965 against Pooran Chand-defendant (since deceased) for eviction and recovery of rent and damages. In brief his case is that Thakur Visheshwar Singh and Kunwar Pratap Singh were owners of the shops and defendant was tenant at the rate rent of Rs. 8/- per month. That the plaintiff purchased the shops from the owners Thakur Vishashwar Singh and Kunwar Pratap Singh by registered sale deed dated 15-7-1964 and became owner and landlord. That inspite of the service of the notice dated 3-9-1964 the shops were not vacated nor the rent has been paid hence the suit was filed. After the written statement was filed denying the title of the plaintiff, the relief of recovery of possession was claimed on the basis of the title also.
(2.) The deceased defendant Pooran chand contested the suit. His case is that Thakur Visheshwar Singh and Kunwar Pratap Singh were never owners of the shops. That the defendant was in occupation of the shops since much before 1948. In the year 1948, the defendant constructed Kotha on his land called as shop and verandah. The defendant with his own money raised the constructions and he is the owner of the property. In alternative, it was also pleaded that the plaintiff or his predecessors were not in possession of the property in dispute since more than 12 years before the institution of the suit. The defendant therefore, became owner by adverse possession and the suit is barred by time.
(3.) The trial Court framed necessary issues and held that the defendant is the owner of the property in dispute by adverse possession. Accordingly the suit was dismissed with costs. The appeal of the appellant was also dismissed. Therefore, this second appeal was filed.;