BABU RAM Vs. GHASITA RAM

JUDGEMENT

(1.) THIS is defendant's Second Appeal against whom suit for possession has been decreed by both the courts below.

(2.) GHASITA Ram filed a suit for declaration and possession to the effect that he was the owner of land measuring 3k 17m and that the defendant had no concern with it. It was pleaded that once the defendant was tenant at will under him but he had surrendered the vacant possession of the suit land in his favour on 21st June, 1984, after receiving a sum of Rs. 350/- as compensation from the plaintiff vide writing Ex. P1 and that after surrendering the vacant possession of the suit land the defendant was left with no right at all in the suit land, whereas he had taken illegal possession of the suit land along with other land of the plaintiff and cut and removed the crops. His possession of the land was that of a trespasser.

(3.) THE stand taken by the defendant in the written statement was that he was in cultivating possession of the suit land as a tenant for the last more than ten years and he had never surrendered the possession of the land to the plaintiff, as alleged. He denied execution of writing Ex P 1 for accepting Rs. 350/- as compensation.