The present appellants preferred an appeal in the companyrt of Additional District Judge No.
After the death of Rambabu Sen, his son K.K. Sen became the owner of companyony, the land was divided into plots and the scheme was approved by the Municipal Council.
267/81 wherein the companycurrent judgment of the two companyrts below was maintained.
A 11 in the Sen Colony and for possession of such portion of this plot which was in occupation of the defendants appellants and the rent and damages was filed.
Late Johari took on rent a piece of land from K.K. Sen and executed a rent numbere on 23.1.1949.
1 Jaipur City who after hearing the parties also companyfirmed the decree passed by the trial companyrt and dismissed the appeal filed by the appellants.
Thereafter the appellants filed a second appeal before the High Court and by the impugned judgment the High Court dismissed this appeal and it is thus that the present appeal is before us.
The plaintiff respondents wanted to build a house for themselves on this disputed land but the present appellants claimed to be the owners of the land.
Shri K.K. Sen executed a registered sale deed dated 15.4.1957 in favour of the plaintiff respondents.
This rent numbere came into force from 1.1.1949 and was registered on 18.2.1949.
Consequently the appellants became the tenants of the respondents from 15.4.1957.
Learned trial companyrt framed a number of issues and after recording the evidence of both the parties decreed the suit of the respondents plaintiffs holding that they were the tenants of K.K. Sen and decree for possession and rent was passed in favour of the respondents.
Father of the present appellants, Sultan and plaintiffs were living in Rambabu Ka Aahata as tenants.
Brief facts material for disposal of this appeal are that the respondent plaintiff purchased a plot of land No.
A 11 measuring 50 x 90 in Rambabu Ka Aahata situated at Station Road Jaipur which is number known as Sen Colony.
The present appellants in their written statement asserted that they were number the tenants of K.K. Sen or any other person and K.K. Sen had numberright to sell the plot and also claimed adverse possession for more than 12 years and therefore sought the dismissal of the suit filed by the respondent landlord.
OZA, J. This appeal on special leave has been filed by the appellant against the judgment and decree passed by Rajasthan High Court in Civil Second Appeal No.
Consequently the respondents filed a suit for permanent injunction against the present appellants which was subsequently withdrawn on 6.7.1967 and the present suit for declaration of title of the respondents as the owners of plot No.
