AMARDAS Vs. SAMPAT

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this plaintiff's second appeal are as under: -

(2.) Plaintiff-Amardas filed a suit for declaration of title, permanent injunction and possession also stating inter-alia that his father-Firturam Ram purchased the suit land from father of defendants No.2 & 3 and husband of defendant No.1 by unregistered sale deed dtd. 20/6/40 in presence of witnesses and came into possession of the suit land and after death of his father, the plaintiff is in possession of the suit land. Sampat, father of defendant No.2 and 3 and husband of defendant No.1 filed an application for correction of records, in which the NaibTahsildar, Korba by order dtd. 4/11/92 directed the name of deceased Sampat Das to be recorded in revenue records, which was taken in appeal by the plaintiff, but during the pendency of the appeal, the defendants starting threatening to harvest the crops sown by them leading to filing of the suit and sought the order dtd. 4/11/92 passed by the Naib-Tahsildar, Korba be declared illegal and declaration of title in his favour and also for grant of possession.

(3.) The defendants filed their written statement and opposed the averments made in the plaint stating inter-alia that no sale deed has been registered in favour of plaintiff's father and sale deed, if any, has been registered, that is forged sale deed and no title has been conferred in favour of the plaintiff, as such, the suit deserves to be dismissed.