VEDPRAKASH Vs. SUKHNANDAN

JUDGEMENT

(1.) This first appeal has been filed by the appellants/plaintiffs, under Sec. 96 of the Civil Procedure Code, 1908 (henceforth, referred to as 'CPC'), challenging the judgment and decree dtd. 11/7/2023 passed by the 3rd Upper District Judge, Bilaspur in Civil Suit No. (A)126/2015, whereby learned trial Court has partly allowed the civil suit filed by the appellants/plaintiffs and declared that plaintiff/his LRs and defendants No. 1 to 5 and 8 are co-owner and having joint possession over the suit land. (hereinafter, parties would be referred as per their status shown in the plaint.)

(2.) At the outset, for convenience, family tree of the parties, as narrated by learned counsel for the appellant, is given below :- <IMG>JUDGEMENT_53_LAWS(CHH)3_2024_1.jpg</IMG>

(3.) Facts of the case, in brief, are that, original plaintiff Ved Prasad filed instant civil suit for declaration of title and permanent injunction pleading inter alia that, part of land area 2.24 acre of Khasra No. 269, situated at village Saida, Revenue Circle, Sakri, Tahsil Takhatpur, Distt. Bilaspur was purchased by Natthu, who was father of plaintiff late Ved Prasad and Devi Prasad (father of defendants), through a registered sale deed from one Ghanshyam Prasad on 5/2/1973, thereafter, the above land was mutated as Khasra No. 269/1 area 2.24 acre in the name of Natthu. Thus, it is self acquired property of Natthu. Natthu died on 26/4/1991, since then, plaintiff is in possession of the suit land as owner of the same. Out of 2.24 acre of Khasra No. 269/1, 1.30 acre has been acquired by government, hence 0.94 acre of land is remaining, which has been referred to as 'suit land' in instant case.