TARINI SHARMA Vs. PRANAB KUMAR ROY

JUDGEMENT

(1.) This first appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against judgment/ decree dtd. 30/1/2001 passed by Sixth Additional District Judge, Bilaspur (C.G.) in Civil Suit No. 10- A/1999, wherein the said court dismissed the suit filed by the appellant/ plaintiff for recovery/ possession of vacant land bearing Survey No. 772/2 area admeasuring 1372 sq.ft. situated at Dipupara, Tahsil & District- Bilaspur (C.G.).

(2.) As per the appellant, he sold 0.06 decimal of land to one Rakesh Ranjan Roy through registered sale-deed dtd. 31/8/1981 (Ex. P/1) and the same land was purchased by the original respondent namely Pranab Kumar Roy vide sale-deed dtd. 9/8/1985 (Ex. P/2). It is specifically mentioned in the sale-deed that the plot admeasuring 60 x 40 sq.ft. was sold. When land of the respondent is measured by Commissioner, it is found that he is in possession of 66 x 53 sq.ft. of land. The excess area measured 1372 sq.ft. belongs to the appellant, therefore, he filed a suit before the trial court which is dismissed as mentioned above.

(3.) Learned counsel for the appellants submits as under:-