LAXMI VYAS Vs. SIRIYA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dtd. 19/2/2003 passed by learned Second Additional District Judge (FTC), Bemetara, Durg in Civil Appeal No.2-A/2002, whereby the learned lower appellate Court set aside the judgment and decree dtd. 2/2/1992 passed by Civil Judge Class-I Bemetara in Civil Suit No.109- A/1987, thereby dismissing the plaintiff's suit.

(2.) This appeal was admitted on following two substantial questions of law :

(3.) Madan Gopal filed a suit against widow and sons (defendant) of Late Jhaduram seeking decree of declaration, possession and permanent injunction on the pleadings inter alia that vide registered sale deed dtd. 24/6/1974, the plaintiff had purchased land in dispute described in the plaint, from Jhaduram for valuable consideration of Rs.2000.00 and also obtained possession. A part of that property claimed to be purchased by the plaintiff, situated in khasra No.153/2 and 155/3 of village Karhi submerged in dam. According to the plaintiff, by virtue of registered sale deed, the plaintiff acquired valid title in respect of the property in dispute. The defendants who are widow and sons of Jhaduram (the vendor), after death of Jhaduram, started disputing the title of the plaintiff and also started interfering with his possession, giving him a cause of action to file suit and seek relief. The plaintiff prayed that he acquired title and bhumi-swami rights in respect of property in dispute by virtue of sale deed dated 24th June1974 and that the possession of the entire property in dispute be delivered to him and defendant be restrained from interfering with the possession. Damages were also claimed. The order passed by the Settlement Officer on 10/12/1984 was also challenged and declaration was sought that the said order be declared illegal and inoperative in law.