- (1.) This is a defendants' civil first appeal against the judgment and decree dated 12/3/1993 passed by District Judge, Bundi in Civil Suit No.5/1993 whereby the suit of the plaintiff-respondent for possession and mesne profits has been decreed.
(2.) The plaintiff-respondent filed a suit for possession and mesne profits of the suit schedule property with the averments that a plot situated at Meera Gate, Bundi (detailed description in para 1 of the plaint) was purchased by him from the Municipal Board, Bundi in auction, of which 'patta' was issued in his favour on 14/3/1958; he took a loan from the Government of Rajasthan for raising construction on the said plot and he got the foundation of the same dug but he could not complete the construction work on account of the death of his father. It was further averred that the defendants had taken forcible possession of the disputed plot and started doing business of selling stones on the same, thereupon he wrote letters to various authorities for help, as a result of which, the appellants executed agreement in his favour and also undertook to vacate the said plot soon but despite of several requests, defendants did not hand over the premises and contrary to their undertaking they filed a suit No.189/1983 for permanent injunction in the court of Munsif. Therefore, a suit for possession and mesne profits was filed.
(3.) The defendants-appellants in their written statement denied the fact of the ownership of the plaintiff-respondent on the disputed plot and specifically pleaded that the plaintiff never remained in possession thereof. Contrary to this the defendants were in possession of the disputed land for the last 12 years and prior to that the defendant Kana was keeping his stock of stones for five years and even there-before Kana's father (Baldev) was in possession of the disputed plot for 30-35 years. It was also the case of the defendants that in the knowledge of the plaintiff they were in the possession of the disputed land uninterruptedly and had become owners of the same by adverse possession.;