KAMESHWAR PATHAK Vs. MANBODH

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff is as under:-

(2.) Sole plaintiff-Kameshwar Pathak filed a suit for permanent injunction and for possession of the suit land in respect of Khasra No. 271 area 0.18 Are. and Khasra No.508 area 0.19 Are., total area 0.37 Are. situated at village Sarhari, Post Kewra Tahsil Pratappur, District Surguja (Now District-Surajpur) on the basis that he has purchased the suit land by two sale deeds dated 25.8.86 and 10.12.79 from one Kusmi and claimed decree as mentioned above.

(3.) Resisting the suit, defendants No.1 to 5 filed their written statement and denied the averments made in the plaint and in addition to filing of written statement they also laid counter-claim claiming that the suit property was originally held by Ramprasad and Dukhi Yadav and they never objected to defendants No.1 to 5 to remain in possession and they are in settled possession over the suit land for last 60 to 70 years and as such, they have perfected their title by way of adverse possession, therefore, decree declaring two sale deeds dated 25.8.86 and 10.12.79 as null and void be granted in their favour and decree for adverse possession on the basis of long possession also be granted in their favour.