TRIMBAK JANKU CHAMBHAR Vs. GENA HASARAM

JUDGEMENT

(1.) This second appeal is directed against concurrent judgments of the trial Court and the Appellate Court in Suit (R. C. S. No. 129/1977) and appeal (R. C. A. No. 36/1982), respectively.

(2.) The respondents filed Suit (R. C. S. No. 129/1977) for possession. Subject matter of the Suit is an agricultural field bearing Survey no. 74-A, admeasuring 12 acres situated at sultanpur, under Georai Tahsil.

(3.) The learned Civil Judge framed certain issues below Exh-3. The learned Civil judge held that the plaintiff proved statutory ownership in respect of the suit field and was entitled to recover possession of the same. The learned Civil Judge further held that the defendants No. 2 and 3 failed to prove their ownership in respect of eastern half portion and so also defendant failed to prove his ownership in respect of remaining western half portion of the suit field. Consequently, the Suit came to be decreed. The contesting defendant preferred an appeal. The first Appellate Court confirmed the decree and dismissed the appeal.