TIRATH PRASAD Vs. GHURNI DEVI

JUDGEMENT

(1.) Heard on admission.

(2.) This is the Plaintiff's Appeal against the judgment and decree dated 4.3.2011 passed by the 3rd Additional District Judge (FTC), Surguja (Ambikapur) in Civil Appeal No.23-A/2009 by which the appellate Court, while affirming the judgment and decree passed by the trial Court, has dismissed the Appeal.

(3.) The undisputed facts of the case are that the Plaintiff Tirath Prasad instituted a suit for declaration of title and injunction with regard to the property in question bearing Khasra No.94/1 and 268 admeasuring 1.28 and 1.94 acres respectively situated at village Pratappur, Tahsil Ambikapur. It is pleaded in the Plaint that the suit property which is described in Plaint Schedule-A is his self-acquired property as he has purchased the same from his uncle namely Laxmi Prasad from his own income by virtue of a registered sale deed dated 05.06.1969 in the name of his mother namely Smt Guthari Devi. It is pleaded further that Defendant No.1-Ghurni Devi, the sister of the Plaintiff has obtained the revenue papers recorded in her name without his knowledge and therefore, he applied for mutation of his name in the revenue papers before the Tahsildar, Ambikapur. However, the Tahsildar, Ambikapur has rejected his application vide order dated 13.11.1998, affirmed further by the S.D.O vide his order dated 25.11.1999. It is submitted further that on the basis of the revenue papers, Defendant No.1 is trying to alienate the property in question to someone else. Therefore, the Plaintiff has been constrained to file the suit in the instant nature and prayed for exclusive ownership with regard to the suit property and alternatively claimed for the declaration of half share of the suit property.