MAHABIR PRASAD AND ANOTHER Vs. SMT. BHAGGOO AND OTHERS
LAWS(ALL)-1965-3-38
HIGH COURT OF ALLAHABAD
Decided on March 30,1965

Mahabir Prasad And Another Appellant
VERSUS
Smt. Bhaggoo And Others Respondents


Referred Judgements :-

HUSAINI V. GHAZI [REFERRED TO]
D.N. REGE V. KAZI MUHAMMAD HAIDER AND ANR. [REFERRED TO]
BABA MAHADEO DAS V. SATYANDRA KUMAR [REFERRED TO]


JUDGEMENT

J. Sahal, J. - (1.)THIS special appeal by Mahabir Prasad and Punnu Lal (Defendants) is directed against the judgment of Balram Upadhva, J., dated 8 -11 -1957, allowing second appeal No. 684 of 1958, filed by the Respondents Srimati Bhaggoo, Srimati Shyam Kumari, wife of Murari Lal, Srimati Shyam Piari, wife of Bulaqi Lal and Srimati Bindo.
(2.)THE appeal arises out of a suit No. 478 of 1946 filed in the court of the Munsif West, Allahabad, by the Respondents. The property which is the subject matter of the suit is an enclosed piece of land, measuring two bighas and two biswas in area, having on it three residential apartments, a pucca well, a mali's quarter and a grove or orchard. The suit was filed by the Respondents on the allegation that they had engaged the Appellants as servants to work as gardeners (malis) on condition that they would rear times in the garden, take hall of the produce for themselves and give the remaining half to the Respondents. The following issues were framed by the trial court:
1. Whether the Plaintiff is the owner of the grove in dispute?

2. Was the house built by the Defendant's ancestors? Have the Defendants become its owner by adverse proprietary possession of over 12 years?

Whether any valid notice to quit has been given?

(3.)WHAT was the annual rent and how much of it is due?
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