KALURAM Vs. SHRINATHDAS

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the High Court who reversed the concurrent finding of fact arrived at by the trial court and the lower appellate Court and held that the appellant has not been able to prove its title to the suit land.

(2.) The case of the appellant was that his father had purchased land bearing Khata No. 42 in Survey No. 1019 measuring 16 biswas in village Chhapikheda in the year 1954. When the Gram Panchayat claimed rent from the appellant's father he filed a civil suit No. 7-A/65 in the court of Civil Judge Khilihipur for declaration of his title and injunction against the Gram Panchayat. In the said suit Chunilal, the father of the appellant, claimed title to the land in question whereas the case of the Gram Panchayat was that the land had been leased to Chunilal at Rs. 2.50 per month in the year 1961. During the pendency of the suit Chunilal died in September 1967 and the appellant who claimed title to the land was impleaded as the party in the said suit.

(3.) The trial court on the basis of the evidence led before it decreed the suit for permanent injunction and declared the appellant as being the owner of the land in question. The Gram Panchayat then filed Appeal No. 36-A/68 but vide judgment dated 4th March, 1971, the Additional District Judge, Rajgarh affirmed the decree of the trial court.