INDERJEET SINGH Vs. NASIM MEMAN

JUDGEMENT

(1.) This is defendant's second appeal preferred under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code of 1908 in short) against the judgment and decree dated 29.08.1997 passed by the District Judge, Raipur, in Civil Appeal No. 39-A/1995, by which, the appellate Court while reversing the findings of the trial Court, has decreed the plaintiffs' claim for possession and damages.

(2.) The undisputed facts of the case are that the plaintiff Abdul Mazid (Since deceased represented by his L.Rs.) instituted a suit for possession and damages by submitting, inter alia, that by virtue of the registered deed of sale dated 01.09.1973, he acquired the valid title upon the suit land bearing Kh.No.1131/5 area 2.51 acres situated at village Kurra, Patwari Halka No.89 of Dharsinwa-1, Tahsil and District Raipur, along with Kh.No.669/4, area 2.66 acres (Not in dispute herein), from one Mahmood Ali and his minor brother and sisters for a sale consideration of Rs.2000/-. The possession of the suit land was accordingly delivered to him, but, the defendant, by unlawful means, has obtained its possession in the month of June - July, 1982 and cultivated the suit land forcibly by dispossessing him. It is pleaded further in the plaint that he lodged the report of the said incident before the concerned Station House Officer, Dharsinwa where the defendant had produced a registered deed of sale dated 27.04.1983 executed by his vendors, i.e., Mahmood Ali and his brother and sisters. Upon considering the said sale, the concerned Police authorities have refused to initiate any action against the defendant, giving rise to an instant action, instituted on 16.07.1986.

(3.) The defendant has contested the aforesaid claim of the plaintiff and stated that the plaintiff had never purchased the suit land as alleged nor was ever in possession over it. It is pleaded that he acquired the possession and valid title upon the suit land by virtue of a registered deed of sale dated 27.04.1983 and revenue papers are also mutated in his name and since then he has been cultivating the land in question peacefully.