- (1.) PANKAJ Mithal, J. This is an appeal filed by the two plaintiffs Anirudha Singh and Luxman Singh of village Kandhi, Fatehpur who are father and son against the judgment, order and decree of the Courts below arising from a suit for ejectment of the defendants No. 1 to 3 Lalit Kumar and others from the house in dispute and for damages which has been dismissed by both the Courts below.
(2.) A house belonging to one Harpal Singh stood on part of Abadi Plot No. 290 and part of Shahrai Plot No. 476 (new No. 815) which was shown in the plaint map in pink colour. Harpal Singh was grand-father of the Anirudha Singh and great grand-father of Laxman Singh. Anirudha Singh constructed a room on the south of the aforesaid house shown by blue colour in the plaint map. Lalit Kumar defendant No. 2 is son of Jagmohan and was resident of village Mahraha, Fatehpur. Lalit Kumar accompanied by his mother left his village Mahraha as his father was involved in a murder case and was ultimately prosecuted. He alongwith his mother shifted to village Kandhi where his Mausa defendant No. 3 Ram Bharose used to live. On the request of Ram Bharose, Anirudha Singh permitted them to reside in the disputed house only as a licensee. The room was kept locked. Lalit Kumar on 19th June, 1969 without any authority of law transferred the house and the room in favour of defendant No. 1 Radheshyam. He was delivered possession of the house and later he illegally took possession of the room as well. In the above background the plaintiffs revoked the licence of Lalit Kumar and instituted the original suit No. 477 of 1969 for the eviction of the defendants and for possession of the house and the room with mesne profits at the rate of 10/- per month. The defendant Nos. 1 and 2 alone contested the suit and denied the theory of licence set-up by the plaintiffs. They alleged that both the house and the room were constructed by the mother of the defendant No. 2 Lalit Kumar when they had shifted to the village and started residing therein.
(3.) THE suit as well as the appeal were both dismissed by the Courts below. Hence the second appeal. I have heard Sri V. K. S. Chaudhari, Senior Advocate assisted by Sri Jitendra Ojha, learned Counsel appearing for the plaintiffs- appellant.;