KAMESHWAR PRASAD Vs. SHIVAJEE

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).