JANGI SINGH Vs. BRIJ MOHAN SINGH

JUDGEMENT

(1.) Heard Kr. R.C. Singh, learned Counsel for the appellant.

(2.) The Trial Court framed 7 issues and thereafter proceeded to record a finding on the issue of possession and held that the sale-deed set up by the defendant could not be proved, nor the possession on the basis of the sale-deed was established as a material witness relating to the execution of the said document was not brought to the witness-box. The Trial Court accordingly decreed the Suit. Not only this, the Trial Court also relied on the cross-examination of the defendant witnesses particularly DW-2 and DW-4 and also indicated that the defendant - Jangi Singh himself indicated that he was blind for the past 10 - 20 years. It was also brought on record that Chheda Lal had already left his village for the past more than 20 years and finding contradictions in the statement of the defendant-witnesses came to be conclusion that the defendant has not been able to establish their assertion.

(3.) The Trial Court also delved into the extract of the Khasra Abadi and has recorded a finding that even though the name of Chheda Lal Nai was mentioned against House Nos. 359 and 360, but there were contradictions in the statements of the defence witnesses and he was not found to be the owner in possession of the House and Sahan keeping in view of the provisions of section 9 of the U.P. Zamindari Abolition and Land Reforms Act. It was, therefore, found that Jangi Singh was neither the owner nor was in possession over the land in dispute.