1974 (8) TMI 110

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....appeal after certification under Article 133(1)(a) of the Constitution 2. The plaintiffs-respondent had brought a suit for recovery of possession after declaration of his title to a plot of land 50 bighas in area, including one bigha area occupied by the defendant appellants, who claimed sub tenancy rights and also set up the pleas of waiver and estoppel to prevent their eviction. The trial cou....

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....nd occupation. But, the terms of the compromise decrees had not been carried out by defendant No. 1. In the case before us, Bajrang Bali Engineering Company, defendant No. 1 did not appeal against the decree for possession by removal of the structures put up by the defendants and for mesne profits at the rate of Rs. 175/- per day with effect from 25.2.55 and the award of Rs. 2,000 for the court fe....

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....either appealed in the High Court nor is among the appellants before us, had failed to establish its claim that it has authority from the plaintiff to either use the land for dumping scrap iron or to let it out to any party as the plaintiff's agent. The defendants-appellants before us relied mainly on the alleged failure to object to structures made by them for the purpose of manufacturing buc....

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....o induce them to change their position to their disadvantage. The Plaintiff had asserted his rights within a reasonable time after learning of the trespass. He did not stand by watching valuable constructions being put up on his land, but had sent a notice objecting to the trespass as soon as he learnt of it. The defendants had not shown that they had acquired any right in the land from an owner. ....