MANGLU MOOL SINGH Vs. KUNJLAL

JUDGEMENT

(1.) This is defendant's Second Appeal filed under Section 100 of CPC against the judgment and decree dated 30.09.1999 passed by the 8th Additional District Judge, Bilaspur, in Civil Appeal No. 62-A/99 reversing the judgment and decree dated 07.02.1996 passed by the Civil Judge, Class II, Katghora, in Civil Suit No. 45-A/92.

(2.) Brief facts necessary for disposal of this appeal are that: plaintif Kunjlal filed a suit for declaration of his title and mandatory injunction restraining the defendant Nos. 1 to 9 from interfering with his possession. It was case of the plaintiff that he purchased the suit land bearing Khasra Nos. 705/3,706/ 3,708/1,706/2, 708/2 and 706, total area 6.42 Acres, situated in Village Malda, Distt. Bilaspur, from Maharaja Singh, the grandfather of defendant Nos. 1 to 6 late Gangadhar Singh i.e. father of defendant Nos. 1 to 6 and husband of defendant No. 7, on 01.07.1955, 17.09.1955 and December, 1955 for Rs. 1000/-, 300/- and 200/-. Two transactions i.e. 01.07.1955 & 17.09.1955 were done in writing on stamp paper whereas the transaction which took place in December, 1955 was oral. It was further submitted that plaintiff was in possession of the suit land since 1955; sale deeds were promised to be executed but were no executed, and therefore, plaintiff filed instant suit after serving a notice to the defendants and after publishing advertisement in the news paper. In the alternative, title was also claimed by way of adverse possession pursuant to his alleged peaceful uninterrupted possession since 1955.

(3.) The claim was denied by the appellants/ defendants inter alia on the ground that no sale deed was ever executed in his favour at any time whatsoever nor anything was given to him in writing. The defendants further denied possession of the plaintiff over the suit land.