HARI RAM S/O BALIRAM Vs. RAM RATAN

JUDGEMENT

(1.) This second appeal preferred by the appellant/plaintiff was admitted for hearing on the following substantial question of law :-­ "Whether the finding of the lower Appellate Court was justified in reversing the well reasoned order passed by the Trial Court only on the ground that there was not sufficient proof to establish that the suit land of which the original Khasra No. was filed as 583/4 was renumbered as 942 ?"

(2.) Plaintiff filed a suit that he be declared the title-­holder of the suit land bearing Khasra No. 942 area 1.00 acre and defendants No. 1 to 7 be restrained from interfering with his possession of the suit land wherein defendants filed their joint written statement stating inter alia that no patta has been granted in favour of the plaintiff, however, patta was granted in the name of father of defendants No. 1 and 5 Ramdhan in the year 1965 upon the suit land bearing old Khasra No. 583/3 which was later on renumbered as Khasra No. 942, therefore, plaintiff's suit deserves to be dismissed.

(3.) Learned trial Court, upon appreciation of oral and documentary evidence on record, by its judgment and decree dated 30/10/2004, held that plaintiff is the owner and title-­holder of the suit land bearing old Khasra No. 583/4 and new Khasra No. 942 area 1.00 acre and he has been in possession of the said suit land and thereby, decreed the suit and restrained the defendants from interfering with plaintiff's possession upon the suit land.