GOKUL SON OF JHARAN HALBA Vs. SURAJ BAI

JUDGEMENT

(1.) This second appeal preferred by the appellants/ defendants was admitted for hearing by formulating the following substantial question of law:-­ "Whether both the courts below have committed an error of law in not properly appreciating the evidence of the plaintiffs in respect of the disputed property and decided the plaint as well as the first appeal in favour of respondent/plaintiff No.1 ?"

(2.) The plaintiff herein filed a suit for declaration of title and for declaring resolution Nos.373 and 257 passed by defendant NO.4 directing entering into the names of defendants No.1 to 3 by deleting her name as null and void and also sought possession from them stating inter-­alia that the suit land bearing Khasra No.454 area 0.17 decimal was inherited from her father and constructed house and badi and staying therein, which was illegally mutated by defendants No.1 to 3 in their names and therefore, it be declared null and void and decree for possession be granted in his favour.

(3.) Defendants No.1 to 3 have filed their written statement and denied the averments made in the plaint stating inter-­alia that the plaintiff is not owner of the suit house and land. The suit land is government land and the Government has not granted any patta in favour of the plaintiff, as such, the suit be dismissed.