NIHAL CHAND Vs. CHITRAM,

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the plaintiff is as under:-

(2.) The plaintiff filed a suit for declaration of title and permanent injunction stating inter-alia that the suit land was purchased by registered sale deeds dated 9.1.1958 (Ex.P-1) and 6.5.1958 (Ex.P-2) by the plaintiff's father Gangaram in the name of Girtiram Kanwar as he was mitan (friend of plaintiff's father). After death of Girtiram Kanwar, the plaintiff moved an application for transfer of the suit land in his name, which was mutated in his favour vide Ex.P-3, but later on defendant No.1, son of Girtiram Kanwar, initiated proceeding under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as 'the Code'), in which on 25.2.87 the Sub Divisional Officer, Gharghoda directed the plaintiff to hand over the possession of the suit land to defendant No.1 finding the transaction to be in violation of the provision contained in Section 170-B of the Code that necessitated filing a suit for declaration of title and for declaring that order dated 25.2.87 passed by the SDO under Section 170-B of the Code is null and void and contrary to law. The plaintiff also claimed the suit land by way of adverse possession stating that he has perfected his title by way of adverse possession.

(3.) Defendant No.1 filed his written statement and denied the averments made in the plaint stating inter-alia that his father Girtiram Kanwar has purchased the suit land by registered sale deeds dated 9.1.1958 (Ex.P-1) and 6.5.1958 (Ex.P-2), as such, the plaintiff has no right and title over the suit land.