JUDGEMENT
DEBANGSU BASAK, J. -
(1.) A suit for declaration of title, khas possession and damages was
dismissed on appeal, after the same was decreed, giving rise to the
present second appeal. The impugned judgment was, therefore, of
reversal.
(2.) THE plaintiffs claimed ownership of the suit premises. The plaintiffs claimed that, the Defendant No. 1 was the caretaker who
looked after the suit premises at a monthly salary of Rs.45/ - per
month. The plaintiffs allowed the Defendant No. 1 to reside at the suit
premises by erecting temporary structures thereat. The temporary
structures erected at the suit property were at the cost of the plaintiffs.
The Defendant No. 1 was allowed into the suit property as a licensee.
The Defendant No. 1, without any permission of the plaintiffs, allowed
the Defendant No. 2 into the suit land. The Defendant No. 2 was the
son -in -law of the Defendant No. 1. The plaintiffs revoked the leave and
licence of the defendants. The plaintiffs terminated the service of the
Defendant No. 1 in the first week of September 1978. In spite of
repeated requests, the defendants did not vacate the suit premises. The
plaintiffs lodged a complaint with the police authorities. The plaintiffs,
thereafter, filed the suit for eviction of the defendants.
(3.) THE defendants contested the suit by filing written statement. The
defendants contended that, the plaintiffs were never in possession of
the suit property and at least not since January 3, 1963. The suit
property was uncared for filled with jungles and bushes when the
Defendant No. 1 entered into possession of the suit property. The
Defendant No. 1 developed the land with the help of the Defendant No.
2. Since January 3, 1963 the defendants were enjoying the suit property peacefully and without interruption. The defendants claimed adverse possession.
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