NISHA GUPTA, J. - (1.) THE instant civil second appeal u/S.100 read with Order 42 Rule 1 of the Code of Civil Procedure, 1908 has been filed on behalf of the defendant -appellants against the judgment and decree dated 01/10/2014 passed by the court of Additional District Judge No.8, Jaipur Mahanagar, Jaipur by which the appeal filed by the defendant -appellants has been dismissed upholding the judgment and decree dated 15/07/2009 passed by the court of learned Civil Judge (Senior Division) No.9, Jaipur Mahanagar decreeing the suit filed by the plaintiff -respondent for possession.
(2.) THE facts giving rise to this second appeal in brief are that plaintiff -respondent filed a suit for possession with the contention that he is allottee and purchaser of Plot No.71, which was allotted to him on 01/07/1981 and possession of the said plot was handed over to him on 27/07/1988 by the U.I.T. and the appellants have encroached over the land hence, suit for possession has been filed. It has also been pleaded that Plot No.72A stands in his father's name and by oral Will, now he is owner of the plot and suit for possession has been filed for both the plots. Contention of the appellants was that the respondent is not owner of the plot. They have become owners on the settled proposition of adverse possession. The court below has decreed the suit only in relation to Plot No.71 and appeal has been dismissed. Hence, this second appeal.
(3.) HEARD learned counsel for the parties and perused the impugned -judgment and decree. Issues No.1 and 2 are the main issues and the trial court has categorically held that Plot No.71 is allotted to the respondent and possession of the property has also been handed over to him by the U.I.T. but lateron, he has been dispossessed from the property. The documents to this effect have also been considered. The survey report is also in favour of the respondent. After considering merit of the case, the court below has concluded that Plot No.71 is in the ownership of the respondent and relief for possession, injunction and mesne profit has been rightly allowed.;