BHURWARAM Vs. BHARAT

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the plaintiff are as under:

(2.) The suit property including other properties was purchased by Baiyanbai and Punniram in the names of Bhurwa and Panchuram jointly by registered sale deed 28.4.1964, at that time, both plaintiffBhurwa and defendant No.4Panchuram were minors. It is the case of the plaintiff that out of which, Punnuram, father of defendant No.4Panchuram, has sold 4 decimal of land by unregistered sale deed dated 15.5.1969 (Ex.P8) in favour of plaintiffBhurwaram and delivered the peaceful possession to him. Thereafter, defendants No.1 to 3 have encroached upon 0.11 decimal of land of the plaintiff, as such, he is entitled for declaration and possession.

(3.) The defendants setup a plea that the plaintiff is not titleholder of the suit land and as such, he is not entitled for declaration and possession.