BINDABAI Vs. BALA

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered by this Court in this second appeal preferred by the defendants are as under:-

(2.) The plaintiff filed a suit for declaration of title and permanent injunction stating inter-alia that he is title-holder and in possession of the suit land bearing khasra No.132/3, which is originally khasra No.132/1 area 3.80 acres, in which the defendants are interfering as the plaintiff's father has purchased the suit land by registered sale deed dated 6.8.1954 vide Ex.P/4, whereas the defendants set-up a plea that they have purchased the suit land from Chamru by registered sale deed dated 28.1.1982 (Ex.D/1) and also set-up a plea of adverse possession.

(3.) The trial Court after appreciating oral and documentary evidence available on record, by its judgment and decree dated 22.12.87, came to the conclusion that the suit land is in fact khasra No.132/1, which the plaintiff's father-Domar Lodhi has purchased and it is not khasra No.132/3 and also negatived a plea of adverse possession and decreed the suit.