GOVIND DAS Vs. KABHIYA LAL

JUDGEMENT

(1.) The appellant filed a suit in 1967 for a declaration with regard to the title of the suit property namely, a parcel of land measuring 0. 13 acre and for possession of the same. The case of the appellant was that the land belonged to his father who had died in 1964 at the time when he was a minor. The respondent had taken unfair advantage of the appellant's minority and had forcibly taken the possession of the land in question.

(2.) The respondent in his written statement set up a case to the effect that there was an exchange of land between him and the appellant's father. It was alleged that an area measuring 0. 12 acre which belonged to the respondent was given in exchange to the appellant's father and as a consequence thereof a suit land measuring 0. 13 acres was taken in possession by the respondent.

(3.) The trial court did not accept the story put forth by the respondent. After disbelieving the defence and on the basis of the evidence produced before it the trial court passed a decree for restoration of possession in favour of the appellant on the basis of the title.