JUDGMENT:

1. Vide order dated 10th June 2011, the Second Appeal was admitted by this Court. The Appellant before this Court are the Plaintiffs in RCS No.92/2002 seeking possession of the suit premises from the Defendant. The Suit came to be decreed by the Trial Court vide Judgment dated 13th May 2005. As against this, Regular Civil Appeal No.158/2005 was filed by the Defendant, which came to be allowed and the Judgment of the Trial Court was set aside resulting in dismissal of the Suit for possession.

PROCEEDINGS OF TRIAL COURT:

PLAINT:

2. The case of the Plaintiffs is that they had purchased property bearing CTS No.476 and 477 along with the structures standing thereon from the erstwhile owner Harinarayan Shivnarayan Malpani vide three different sale deeds dated 27th March 2000, 28th March 2000 and 29th March 2000. The suit property was described in paragraph No.1(b) of the plaint as room admeasuring 20 x 11 sq. ft. and shed of 13 x 9 sq. ft. situated on CTS No.476 and 477. The Plaintiffs were residing in the said property since long period of time as tenants of the erstwhile owner. About two to three years prior to the purchase of the property the erstwhile owner was residing at some