POONA RAM Vs. MOTI RAM (D) TH. LRS.

JUDGEMENT

(1.) The judgment dated 28.08.2006 passed by the High Court of Judicature of Rajasthan at Jodhpur in Civil Second Appeal No. 97 of 1984 and the concurrent judgment dated 10.10.2006 in Civil Review Petition No. 18 of 2006, dismissing the same, are called in question in this appeal by the unsuccessful defendants.

(2.) The brief facts leading to this appeal are as under: A suit came to be filed for declaration of title and for possession by Respondent No. 1 herein. Undisputedly, the Moti Ram had no document of title to prove his Reason: possession, but claimed possessory title based on prior possession for a number of years. However, according to the plaintiff, he had been wrongly dispossessed by defendants on 30.04.1972, which was within the 12 years preceding the filing of the present suit. The Trial Court decreed the suit and the First Appellate Court reversed the findings of the Trial Court. The First Appellate Court dismissed the said suit on the ground that the defendants had proved their title and possession over the suit property.

(3.) As mentioned supra, the plaintiff did not have any title deed with respect to the suit property. He based his claim mainly on his alleged long possession over the property, and claimed that there was nobody with better title over it than him. Per contra, the defendants relied on two sale deeds, viz., Ex. A6 dated 06.02.1956, executed by the original owner Khoom Singh in favour of Purkha Ram, and Ex. A2 dated 21.06.1966, executed by Purkha Ram in favour of the appellant/Defendant No. 1. It was also not disputed that the plaintiff did not have possession as on the date of filing of the suit, inasmuch as he has alleged that he was wrongly dispossessed by the defendant on 30.04.1972, prior to filing the suit.