JAGAT SINGH Vs. RAMA

JUDGEMENT

(1.) This second appeal preferred by defendant No. 1 was admitted for hearing on the following substantial questions of law:-

(2.) Original plaintiff - Barari filed a civil suit stating inter alia that he is the title-holder of the suit property and is cultivating the same and his name was also recorded in the revenue records, but defendant No. 1 fraudulently and unauthorizedly got plaintiff's name deleted and instead got Munda's name and thereafter, his own name recorded in the revenue records which raised cloud over plaintiff's title upon the suit property and ultimately, led to the institution of suit for declaration of title and permanent injunction by the plaintiff.

(3.) Defendant No. 1 denied the plait allegations and filed his written statement stating inter alia that the suit property was originally held by Munda, who sold it to him by registered sale deed dated 28/07/1978 (Ex. D/5) and delivered its peaceful possession to him of which he has been in cultivating possession ever since and it is in the knowledge of all the concerned parties. It was also pleaded that plaintiff and Munda are not brothers. Defendant No. 1 further stated that in revenue proceedings registered between the parties before the Naib Tahsildar, Marwahi, vide order dated 12/02/1981, plaintiff Barari's claims were rejected whereas, defendant No. 1 Jagat Singh's claims were accepted which has become final and moreover, since the suit is filed after three years from 12/02/1981, it is barred by limitation.