MATA BADAL SINGH Vs. HANWANT PRASAD SINGH

JUDGEMENT

(1.) This is an appeal by the defendants against a decree of the learned civil Judge of Partabgarh who confirmed a decree of the learned Additional Munsif. The latter had decreed the claim of the plaintiffs respondents in part.

(2.) Village Phulpur Mauri, in the district of Partabgarh, forms part of taluqa Shamshpur and is owned by Lal Baijnath Singh. The latter has created a trust of his, property, including village Phulpur Hauri, and has constituted the respondents, as trustees.

(3.) In this village stand three groves bearing Nos. 1035A, 1025B and 1029. Debi Bakhsh Singh, who died about 30 years ago, was the grove-holder in respect of them. In 1938, the appellants took possession of these groves and cut a mango tree from grove No. 1029. Thereupon the respondents instituted in 1941 the suit which has given rise to this second appeal. They asked for a decree for possession over the said groves and for a sum of Rs. 65 as compensation. It was alleged by them that Debi Bakhsh Singh had died 19 years prior to the suit, without leaving any heir, that the groves in a question had lapsed to the taluqdar, that the latter had entered into possession, remained in peaceful and undisturbed possession thereof till he was dispossessed by the appellants. It was alleged that he had become owner, and in the alternative it was suggested that he had acquired title by adverse possession.