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2013 (10) TMI 1007 - HC - Indian LawsTitle of property - Whether the learned court below misread the evidence of PW4 in concluding that the defendant was a trespasser on the suit land and that the plaintiff had right, title and interest therein, thus vitiating the impugned judgment and order by an error on a substantial question of law - Held that:- father of the defendant was a worker of the Tea Estate. The defendant, while examining himself as DW1, had stated that his father had constructed the house in the year 1955 but he never lived there. DW1 had also stated that he was born in the disputed house. He has further stated that he used to live in the house with his wife and other family members. From his own evidence, it appears that he was born sometime in 1946 as he had stated that in cross-examination recorded on 03.08.1991, he was about 45 years old. Therefore, his plea that he was born in that house cannot be accepted. It is on record that father of the defendant retired in the year 1973 and expired in the year 1984 - Evidence of witnesses of plaintiff discloses that father of the defendant was allotted the quarter which is the disputed house. Subsequently, the quarter was allotted to Rajesh, who is husband of PW2. After he had resigned from the services of the Tea Estate, the quarter was allotted to PW2. DW1 had also deposed that Rajesh and Nandi had separated after about 3 years of marriage. There is also evidence that all of them used to reside together in that disputed house and that the defendant forcefully evicted PW2 from the quarter - Decided against appellant.
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