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1977 DIGILAW 90 (MP)

Patiram v. Nathuram

1977-03-17

J.S.VERMA

body1977
Short Note : 1. This is a plaintiff's second appeal arising out of a suit for possession of a house in village Khaguwa, tahsil and district Mandla. Admittedly, plaintiff is the owner of Khasra No. 210 while defendant is the owner of Khasra No. 189 situate in that village. The plaintiff claims that the suit house stands over a portion of Khasra No. 210 belonging to him while the defendant contends that it is erected on Khasra No. 189. There is admittedly one other house erected on Khasra No. 189 belonging to the defendant of which the defendant is in occupation. The plaintiff's case is that some time in the year 1966 plaintiff gave the suit house to the defendant for a period of four months but possession of the same not being restored to the plaintiff thereafter, the suit was filed for recovery of its possession. The defendant in addition to denying the plaintiff's claim has also denied any such licence and pleaded that he is in possession of suit house in his own right for more than fifty years. The plaintiff has lost in both the Courts below. Hence this further appeal. 2. It has been found that the suit house is erected over a portion of Khasra No. 210 but that the defendant is in possession thereof as its owner for more than fifty years. On this finding, the suit has been dismissed. Held : The only question in this appeal is whether there is any ground to interfere with finding of fact in defendant's favour that he is in possession of the suit house for more than fifty years in his own right. This is a finding of fact based on evidence. Shri Navlekar, learned counsel for the appellant, has taken me through the evidence but no infirmity justifying interference with this finding of fact has been shown. There is thus no ground to interfere with this finding of fact. On this conclusion this appeal must obviously fail. Appeal dismissed.