JUKHTIYAR Vs. ANANDRAM

JUDGEMENT

(1.) This second appeal preferred by the appellants/Lrs. of plaintiff was admitted for hearing on the following substantial question of law :-­ "Whether the findings in relation to ownership and possession of the suit land Khasra No. 644 area 2.85 acres is perverse on the face of record ? and the plaintiff is the owner of this land also ?"

(2.) Original plaintiff - Jukhtiyar filed a civil suit for recovery of possession stating inter alia that the suit land bearing Khasra No. 258 area 0.34 acre and Khasra No. 644 area 2.85 acres were earlier owned by him and his brother Mukhtiyar and after his brother's death, he became the title-­holder of the said suit land and further pleaded that defendants have dispossessed him from the suit land five years prior to the date of filing of the suit which necessitated the institution of the suit for recovery of possession based on title.

(3.) Defendants filed their written statement and set up a plea that their grandfather Thakur Ram was the title-­holder of the suit land and they have inherited the suit land from him, as such, plaintiffs are not the title-­holders of the suit land and they are not entitled for decree as claimed.