VISHWA NATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Second Appeal preferred by defendant No. 1 was admitted for hearing vide order dtd. 6/10/2005 on the following substantial question of law:- "Whether setting aside the finding of the trial Court that plaintiff/respondent No. 2 is not the owner entitled for possession of suit land by the first appellate Court is perverse?"

(2.) The facts of the present case are that the plaintiff/Madholal filed a suit for declaration of title, possession, and mesne profit for a sum of Rs.2400.00against defendant No. 1/appellant, namely Vishwa Nath. The plaintiff pleaded that he purchased survey No. 288, admeasuring 1.14 acres, situated at Village Bavli, Patwari Circle No. 42, Revenue Circle Patharia, Tahsil Mungeli, through a registered sale-deed dtd. 27/5/1987 from one Krishna Kumar. It is further pleaded that initially, the property was recorded in the name of Surajmal Agrawal, and after his death, Krishna Kumar inherited it. It is also pleaded that a proceeding under Sec. 145/146 of CrPC was launched against the plaintiff by father of defendant No. 1 in the Court of Sub-Divisional Magistrate, Mungeli, wherein an order was passed in favour of defendant No. 1. It is also pleaded that the suit property never remained in possession of defendant No. 1. The plaintiff further pleaded that through an unregistered agreement dtd. 23/10/1987, defendant No. 1 purchased part of survey No. 288 admeasuring 0.41 acres, survey No. 307/1 admeasuring 0.64 acres and survey No. 310 admeasuring 0.59 acres. The plaintiff also pleaded that he had purchased the entire area of survey No. 288, admeasuring 1.14 acres, but defendant No. 1 is in possession of 0.41 acres.

(3.) Defendant No. 1 filed a written statement and denied the plaint averments. Defendant No. 1 denied the factum of partition between the legal heirs of Surajmal. It is also denied that survey No. 288, admeasuring 1.14 acres, fell in the share of Krishna Kumar. Defendant No. 1 pleaded that he has been in possession of 0.41 acres of survey No. 288 since 1987 pursuant to the order passed by the Sub-Divisional Magistrate in a proceeding under Sec. 145 of CrPC.