BIRAN RAM Vs. MANGLI BAI

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellant/defendant (Now, his Lrs.) under Section 100 of the CPC assailing the impugned judgment and decree whereby the first appellate Court reversed the judgment and decree of the trial Court and thereby, decreed the suit of the plaintiffs.

(2.) Mr. Ashok Ku. Shukla, learned counsel appearing for the appellant/defendant would submit that the first appellate Court is absolutely unjustified in reversing the well-­reasoned judgment and decree of the trial Court and thereby, decreeing the suit of the plaintiffs ignoring the plea that defendant's mother namely Budhni Bai was the 'Gharjiha' daughter of Bhola Ram who is the grandfather of the plaintiffs and the suit property was originally held by him and he gave 1.76 acres of land to her daughter Budhni Bai during his lifetime, as such, the finding recorded by the first appellate Court is perverse and contrary to record and the appeal deserves to be admitted by formulating substantial question of law in this regard.

(3.) It is a case of the plaintiffs that the suit property including other land was given on patta in Sarguja Settlement vide Ex. P/8 to plaintiffs' father Lagan Sai and their uncle Kanak Sai from whom they have inherited the said suit property, which the trial Court did not accept and dismissed their suit holding that plaintiffs' names have not been recorded in the revenue records and Bhola Ram had given 1.76 acres of the land to defendant's mother Budhni Bai during his lifetime which the defendant has been in possession of and has been cultivating it after the death of his mother Budhni Bai. Learned first appellate Court did not accept the findings recorded by the trial Court and held that the suit property was given to plaintiffs' father Lagan Sai and uncle Kanak Sai vide Ex. P/8 by granting Raiyati Patta in Sarguja Settlement, as such, plaintiffs are the title-­holders of the suit property as it was the self-­acquired property of Lagan Sai and Kanak Sai.