BHIKHAM SAO Vs. PAANCHERI DEVI

JUDGEMENT

(1.) This second appeal preferred under Section 100 of the CPC by the LRs of the original plaintiff / appellants herein was admitted for hearing by formulating the following substantial question of law: -

(2.) Original plaintiff Bhikham Sao instituted a suit for possession and mesne profit and for permanent injunction stating inter alia that he has purchased the suit land from one Akhandleshwar Prasad Singh by registered sale deed dated 7-12-1955 vide Ex.P-1 and came into possession of the suit land and started paying land revenue and he remained in possession from the date of purchase till 1967-68 by getting his name entered and registered in various revenue records and by making payment of land revenue, but thereafter, in the year 1968, original defendant No.1 Rangnath Singh (who died during the pendency of suit) forcefully dispossessed him and started cultivating the suit land and defendant No.2 being a liquor contractor has also joined hands with defendant No.1, as such, he is entitled for the decree of possession being title-holder of the suit land.

(3.) Both the defendants filed joint written statement stating inter alia that their possession over the suit land is prior to 1955 continuously and undisputedly and as such, the suit is barred by limitation and since they are in possession for last 25 years, therefore, by applying the doctrine of adverse possession they have perfected their title by way of adverse possession. They introduced a plea on 9-5-1974 by way of amendment that it was the benami property of the plaintiff's father, as the plaintiff's father had purchased the said property in the name of the plaintiff in 1955 when the plaintiff was minor and his father has transferred the suit land in their favour and thereby brought an end to the dispute between the parties as such, the plaintiff was never title-holder of the said property and the suit deserves to be dismissed.