SANTOSH SINGH Vs. DEVCHAND

JUDGEMENT

(1.) This Appeal has been preferred by the Defendants under Section 100 of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the propriety of the judgment and decree dated 28.03.2007 passed by the Second Additional District Judge, Baloda Bazar, in Civil Appeal No.25- A/2006 by which, the lower appellate Court, while reversing the judgment and decree dated 12.01.2005 passed by the Additional Civil Judge, Class- II, Baloda Bazar in Civil Suit No.3-A/2003, has decreed the Plaintiffs' claim.

(2.) Briefly stated, facts of the case are that the Plaintiffs instituted a suit claiming declaration of title, injunction and also for possession by submitting inter alia that the suit property bearing Khasra No.727/1 admeasuring 0.178 hectares situated at Jamdih, Tehsil Baloda Bazar has been purchased by them under the registered deed of sale dated 18.03.1970 from one Darshan, S/o Paklu. According to the Plaint averments, the said Darshan, after alienating the suit land as such, has again sold the same to his son namely Itwari (Defendant No.2) by executing the registered deed of sale dated 31.12.1973 and who, in turn, has sold the same to Defendant No.1-Santosh Singh by executing a registered deed of sale dated 10.03.1975. It is pleaded further that the Defendants have obtained the revenue papers in their name based upon alleged sales in the year 1982 and started threatening the Plaintiffs from cultivating the land in question. The Plaintiffs have, therefore, been constrained to file the suit in the instant nature.

(3.) The aforesaid claim has been contested by the Defendants by stating that the suit property was purchased by Defendant No.2 - Itwari in the year 1973 from his father Darshan and has sold the same to Defendant No.1-Santosh Singh in the year 1975 and he has thus derived his title. It is contested further on the ground that after purchasing the property as such, they have obtained the revenue papers mutated in their names and the mutation order as passed was never questioned by the Plaintiffs and therefore, the suit as framed in not maintainable and barred by time.