FAKRUDDIN SARIFMIYAN KAJI Vs. HASUMIYAN AMINMIYNA KAJI

JUDGEMENT

(1.) THIS appeal under sec. 100 of the Code of Civil Procedure, 1908 is by the original plaintiffs who filed Regular Civil Suit No. 50 of 1977 against the respondents No.1 to 3 herein ­ original defendants for declaration that the defendants have got no right or interest in the agricultural lands bearing survey No.1059 ad-measuring 6 Acres 8 Gunthas situated in village Bakrol, and for recovery of possession of the suit land from the defendants with mesne profit till the date of delivery of the possession to the plaintiffs by the defendants.

(2.) THE case of the plaintiffs is that they are the owners of the lands bearing survey No.1059 ad- measuring 6 Acres 8 Gunthas as also survey No.1066 ad-measuring 1 acres 38 Gunthas as heirs of the deceased Sharifmiya Imammiya who died on 11.1.1960. It is their further case that the defendants are not the owners of the suit land bearing survey No. 1059 nor have they got any interest in the said land and their names were illegally entered in the record of rights. The plaintiffs have further averred that the decision-order dated 13.3.62 passed by the Mamlatdar in Tenancy Case No. 1155 holding the defendants to be the owners of the land is without jurisdiction and not binding to the plaintiffs. It is the further case of the plaintiffs that on the basis of the decision of the Mamlatdar in the said tenancy case, entry No.1053 was made on 19.3.1964 and the plaintiffs came to know about such entry on 22.9.1976 when they demanded copies thereof. It is the further case of the plaintiffs that when the defendants dealt with the land, the plaintiffs were minor and their mother was of unsound mind and the plaintiffs are holding the possession of 11 Gunthas from land bearing survey No.1055 and rest of the land ad measuring 5 acres 37 gunthas is in possession of the defendants and inspite of this, whole land ad-measuring 6 acres 8 gunthas is recorded in the name of the defendants and, therefore, their possession is unlawful and therefore, the suit is filed by the plaintiffs for possession.

(3.) ON the basis of the pleadings, learned trial Judge framed the issues at Exh. 21 and answered each of the issues as stated herein below :