RANJEET SINGH Vs. DAYA SHANKAR SINGH & OTHERS

JUDGEMENT

(1.) This instant appeal is against the judgment and decree dated 14.08.2000 passed by the Court of Additional District Judge, Byohari, District Shahdol, in Civil Appeal No.6-A/2000. The appeal was preferred against the judgment and decree dated 28.01.2000 passed by Civil Judge Class-ll, Byohari, Camp Janakpur, in Civil Suit No.2-A/99. By both the Courts below, the suit and appeal filed by Ranjeet Singh was dismissed.

(2.) The briefly stated facts of the case was that a suit was filed by one Ranjeet Singh, the appellant/plaintiff for declaration and permanent injunction. It was pleaded by the plaintiff that the land was purchased by him from one Ram Manorath on 02.03.1970. It was stated that the land was initially held by Ram Manorath and Ram Gopal. It was further stated that after death of Ram Gopal, who was real brother of Ram Manorath, the joint property held by Ram Manorath and Ram Gopal were partitioned in between the wife and heirs of Ram Gopal and Ram Manorath on 28.02.1970. Thereafter, the sale was executed in favour of the plaintiff. It was further stated that since the plaintiff used to stay outside for his service from the village, as such, the land was cultivated through his agents, but taking the advantage of the fact that the plaintiff used to reside outside, Ram Manorath and legal heirs of Ram Gopal have deleted the name of the plaintiff from the revenue records and the defendants have tried to disturb the possession of the plaintiff over the land. The different lands were situated at village Bela. It was further pleaded that the defendants tried to dispossess the plaintiff and therefore in the suit apart from the declaration and injunction alternative claim for possession was also prayed. In the pleadings, the claim on the basis of adverse possession was also raised. Few of the defendants i.e. defendants No.3, 5 to 7, 10 & 11 remained ex-parte.

(3.) The suit was contested by the wife of Ram Gopal, Prema Bai, his sons Ajit Singh, Ravendra Singh, Gyanendra Singh & Nagendra Singh and also Rambahadur Singh, Amar Bahadur Singh, Jangbahadur Singh who were sons of Ram Manorath. The wife of Ram Gopal mainly contested and stated that the suit property exclusively belonged to Ram Gopal Singh and after his death the legal heirs i.e. wife and sons came into possession of the subject land. It was further stated that no partition was executed in between Ram Manorath and the legal heirs of Ram Gopal Singh. It was further stated that the sale deed executed in favour of the plaintiff was also held to be null and void as no sale deed was executed. It was further stated by the wife of Ram Gopal, Prema Bai that brother of the plaintiff was the Manager in Janakpur society, who had good relation with the then Tahsildar, therefore, on the pretext the land will be vested in the ceiling to got the land transferred in name of son of Ram Manorath and few documents were got signed. Therefore certain documents came to existence.