LAWS(CHH)-2019-12-155

KAMESHWAR PRASAD Vs. SHIVAJEE

Decided On December 20, 2019
KAMESHWAR PRASAD Appellant
V/S
Shivajee Respondents

JUDGEMENT

(1.) This defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908 was admitted for hearing by formulating the following substantial question of law:-

(2.) Respondents No. 1 to 3/plaintiffs filed a suit for declaration of title stating inter-alia that the defendant has no title over the suit tank bearing Khasra No. 245 area 1.10 acres known as "dharambandh talab" and they are title-holders being ancestral tank, they have right/title as they are in possession of adjoining lands bearing Khasra Nos. 247/1, 247/2, 247/3, 249/1, 249/2, 249/3 and 252 and cultivating the same being "dhanha land" having right of irrigation and the defendant has no right/title over the suit tank.

(3.) The defendant filed his written statement and denied the averments made in the plaint stating inter-alia that he has purchased the suit land bearing Khasra No. 249/1 area 0.34 decimal and Khasra No. 249/2 area 0.21 decimal from Ramsubhran by registered sale deed dated 24.1.73 on cash consideration of Rs. 4000/- and denied the title as well as right of irrigation by the plaintiffs and prayed that the suit be dismissed with cost(s).