The court upheld ownership claims based on evidence, rejecting adverse possession arguments.

DEEPAK GUPTA, J.

This is defendant’s second regular appeal against the concurrent findings of the Courts below inasmuch as suit for possession regarding the property in dispute filed by plaintiff Ram Chander (now respondent through his LRs) was decreed by the trial Court on 12.01.1989. The appeal filed by the defendant Mange Ram (now appellant through his LRs) was dismissed by the First Appellate Court on 02.02.1990.

2. In order to avoid confusion, parties shall be referred as per their status before the trial Court.

3.1 According to plaintiff Ram Chander, he is the owner/ landlord of the house in dispute, detailed in plaint, situated in village Kalawati. Said house is in possession of defendant as tenant since 28.04.1957 @ Rs.2/- per month. After the death of Neki Ram, the father of the plaintiff, the plaintiff had settled at village Kalwa and so, he had rented out the same to defendant. Bahi entry to that effect was executed by defendant. Plaintiff required the house for his personal use. It was also alleged that the defendant had not paid the rent w.e.f. 01.01.1981. Defendant also made material alterations in the house in dispute by making kacha room and khor etc.. Legal notice under Section 106 of the Transfer of Property Act was also given to the defendant through the counsel terminating his tenancy but defendant failed to vacate the suit property. Hence the suit.

3.2 Defendant in his written statement denied the tenancy. He even denied the plaintiff to be owner of the house in dispute. He denied having executed any Bahi entry and alleged the same to be forged document. He denied having ever paid any rent. He further took the plea that even if it is found that at any point of time, plaintiff was owner of the house, but now he (defendant) being in adverse possession for the last more than 12 years, has become owner thereof and as such, plaintiff is not entitled to sue for possession. With this stand, defendant prayed for dismissal of the suit.

3.3 In rejoinder, plaintiff reiterated his claim.

3.4 Necessary issues were framed. Evidence produced by the parties was taken on record.

4. Trial Court decreed the suit for possession, though the relief sought for recovery of arrears of rent and costs of notice was declined. The appeal filed by the defendant Mange Ramwas found to be devoid of any merit by the First Appellate Court and so, upholding the findings of the trial Court, the same was dismissed.

5. Assailing the aforesaid concurrent findings, it is contended by Ld. counsel for appellant-defendant that plaintiff Ram Chander had not entered into the witness box and therefore, the statement of his power of attorney could not be taken into consideration. Besides the Bahi entries Ex.P1 to Ex.P3 relied by the plaintiff were not proved on record. The Bahi entries Ex.P1 to Ex.P3 otherwise also could not be taken into consideration being unregistered documents. It is further contended that plaintiff failed to produce on record any document relating to his title to the suit property. Learned counsel contends that the evidence on record established that defendant-appellant had become owner of the suit property by way of adverse possession. With these submissions, learned counsel prayed for setting aside the judgments passed by the Courts below and to dismiss the suit of the plaintiff-respondent.

6. Refuting the aforesaid contentions, it is urged by learned counsel for respondent-plaintiff that there is no scope for interference in the concurrent findings of facts as recorded by Courts below, which established beyond doubt that it is the plaintiff, who is the owner of the property in dispute. Learned counsel contends that mere fact that defendant raised the plea of having become owner by way of adverse possession, demolishes his stand of denial of the title of the plaintiff. Defendant failed to prove that he had become owner by way of adverse possession, having failed to establish the necessary ingredients to constitute adverse possession. With