PRAMOD KUMAR KALMEGH Vs. KUMARI BAI

JUDGEMENT

(1.) The present appeal has been preferred by the appellants/ plaintiffs against the judgment and decree dtd. 20/12/2019 passed by the learned 4th Additional District Judge, Durg passed in Civil Suit No.48-A/2014, whereby the suit filed by the appellants/plaintiffs has been dismissed.

(2.) (i) The facts of the case in brief are that the appellants/plaintiffs are the real brothers. They had purchased a plot bearing Khasra No.2767/2, area admeasuring 0.02 Hectares i.e. 38x60=2280 sq. ft. by a registered sale deed dtd. 5/2/2001 (Ex-P/6) from Pundlik. The surrounding of the plot was also shown in the sale deed and adjacent to the plot, two feet lane was remaining and one house of Nana Keshav Rao Singhote was shown to be as identification mark. The plaintiffs pleaded that initially the land, which was bearing Khasra No.293/2, was sold by one Kedarnath Chandrakar to Pundlik on 16/7/1979, which was admeasuring 2400 sq. ft. It was further pleaded that Kedarnath who was also owner of Khasra No.293 sold a part of it i.e. Plot No.76 admeasuring 2400 sq. ft. to Nana Singhote. The appellants/plaintiffs purchased Khasra No.2767/2 from Pundlik on 5/2/2001. The area of the plot was 38x60 sq. ft.

(3.) Per contra, defendant Nos.2 and 3, who were the subsequent purchasers mainly contested and stated that they have purchased the suit land bearing Khasra No.2635/01. It was further pleaded that they have not encroached upon the land belonging to the plaintiffs i.e. Plot No.77 comprised in Khasra No.2767/02 and they are in possession of their own property. Primarily, it was pleaded that the identity of both the plots are different and the defendant Nos.2 & 3 are in lawful possession of the plot bearing Khasra No.2635/01 and accordingly they have constructed the house.