RAJESH TANDON, J. - (1.) HEARD Sri V.K. Bisht, Sr. Advocate assisted by Smt. Seema Sirohi, Counsel for the appellant and Shri Pramod Belwal, Counsel for the respondent.
(2.) BY the present first appeal filed under section 96 of the Code of Civil Pro­cedure, the appellant has prayed for setting aside the judgment and decree dated 8.4.2003 passed by the District Judge, Ut-tarkashi in Original Suit No. 47 of 1998. Briefly stated, a suit was filed by the plaintiff being suit No. 47 of 1998 praying for ejectment and recovery of damages. According to the plaint aver­ments, the plaintiff is recorded as bhumid-har of the land khet No. 1982 'Aa' area 0.005 Hectare situate at Khasra No. 120, village Barahat in the fasli year 1403 to 1408. In the year, 1991 after the earthquake, the defendants started residing in the aforesaid land of the plaintiff by putting Tripal7. After January, 1993, when the other persons of earthquake affected were reha­bilitated, the plaintiff asked the defendants to vacate the land in question but the de­fendants did not vacate the same. The de­fendants assured the plaintiff that they will vacate the land in question. It has been alleged that the defendants do not want to vacate the premises and intend to grab the land in question. The plaintiff has given the notice for ejectment to the defendants but they have denied to have received the same, hence, the present suit.
(3.) THE defendants have filed the written statement stating therein that they have taken the possession of the land in dispute in the capacity of tenant of late Smt. Shyama Devi. In the year 1988, Smt. Shyama Devi gave a proposal to the defen­dant for selling the land in dispute and re­ceived a sum of Rs. 25,000/- towards ad­vance. In paragraph No. 13 of the written statement, it has been stated as under:-;