BUONABI Vs. HAFIJUDIN

JUDGEMENT

(1.) Proceedings of this matter have been taken-up for final hearing through video conferencing.

(2.) This second appeal preferred by the original defendant No.1 has been admitted for final hearing on 5-2-2020 by formulating the following substantial question of law: -

(3.) Sole plaintiff Hafijuddin brought a suit for declaration of title and permanent injunction stating inter alia that his father Sukhruddin entered into agreement to sale with Niyajuddin, S/o Sheikh Rohitddin Musalman, for purchase of suit land bearing Khasra No.386, area 3.09 acres, for a cash consideration of Rs. 6,500/- on 10-5-1968 by executing an agreement in presence of two witnesses and obtained peaceful possession of the suit land pursuant to the said agreement to sale. It was further pleaded that defendant No.1 is the first wife of Niyajuddin and after divorce with her, Niyajuddin married defendant No.2 and defendants No.3 & 4 are sons of Niyajuddin out of his wedlock with second wife Fatimabi. It was also pleaded that at the time of agreement to sale, the name of Niyajuddin's father Sheikh Rohitddin Musalman was recorded in the revenue records and Niyajuddin has assured the plaintiff's father that he will get his name recorded and will execute sale deed in his favour expeditiously. But thereafter, the whereabouts of Niyajuddin are not known for last 20 years, however, after death of his father, the plaintiff is in peaceful possession of the suit land and he made an application for entering his name in the revenue records, but the Nayab Tahsildar despite his possession over the suit land, recorded the name of defendant No.1 on the suit land against which he preferred an appeal before the Sub- Divisional Officer (Revenue), Kawardha and thereafter before the Board of Revenue but remained unsuccessful in both proceedings, and it was also subject matter of attachment and proceeding under Section 145 of the Code of Criminal Procedure, 1973 before the Sub-Divisional Magistrate, Kawardha. It was finally pleaded that on the basis of agreement to sale dated 10-5-1968, the plaintiff is in possession of the suit land and also cultivated the suit land, therefore, by virtue of the principle of adverse possession, he has become the title holder and as such, decree for declaration of title over the suit land that he is the title holder of the suit land be granted and it be declared that Niyajuddin, the person with whom his father entered into agreement to sale, has died civil death and defendant No.1 be restrained from interfering with his possession and his title be declared by granting decree for declaration of title.