CHANDRA PAL Vs. AUSAN

JUDGEMENT

(1.) This second appeal by Chandrapal is directed against the order of first appellate court dated 20.7.1993 dismissing the appeal against the order and decree of trial court dated 28.11.1992 - decreeing the suit of Ausan in an action at law under Sec. 229-B, Z.A. and L.R. Act.

(2.) The facts as per exposition in the pleadings are: On 13.7.1990 Ausan files a lawsuit under Sec. 229-B, Z.A. and L.R. Act in the court of Assistant Collector, First Class. The pedigree explains the relationship amongst them as descendants from a common ancestor. It is alleged khasra No. 118 was acquired by Angan father of Ghasi. The other khasra No. 160 came on allotment in consolidation in place of its old number 216. It is claimed he and defendant Chandrapal are in joint possession since then. That he is in service for the last over 30 years in Madhya Pradesh. That he was jointly living with defendant; it was a joint and happy household. The allegation is that in consolidation operation - defendant Chandrapal has not allowed his name to come in records. Consequently the relief of a declaration that he is co-bhumidhar tenant in possession; that his share is 1/2 in joint holding.

(3.) The claim is repudiated in a written statement dated 19.9.1990 by defendant Chandrapal. He says land is not acquisition of common ancestor. He got it from his ancestors. Also the suit is barred under Sec. 49 C.H. Act. He avers plaintiff was surely in the village during the course of consolidation. He has not raised any objection at any stage. The suit is to cause needless harassment. The relief to dismiss the suit is prayed for.