S. K. Phaujdar J.

1. The present appeal is directed against the judgment and decree dated 10-10-1989 passed by the 3rd Additional Civil Judge, Mathura, in Civil Appeal No. 83 of 1988. The first appellate court had reversed a decree of dismissal dated 24-3-1988 passed by the IVth Additional Civil Judge, Mathura in O. S. No. 408 of 1986 and decreed the suit of the plaintiff (appellant before the first appellate court) directing the defendant (police department) to deliver vacant possession of the suit property to the plaintiff. By the appellate court decree there was a direction for recovery of damages also.

2. SMT. Sudha Devi Bhargawa, the present respondent, was the plaintiff before the court of first instance. Her mother-in-law was the owner of the suit property. As stated in the plaint, in 1972 only one phatak (gate) of the suit property was let out to the police department on a monthly rent of Rs. 60/- and there was a stipulation that the plaintiff would have a right to ingress and egress to and from the property in question through this gate (phatak ). The property consisted of a godown, certain rooms and a court-yard the plaintiff got the property on the strength of