GOWARDHAN Vs. GHASIRAM

JUDGEMENT

(1.) THE appellant/defendant No. 1 Gowardhan has filed this second appeal under section 100 of the Code of Civil Procedure against the judgment and decree passed by the District Judge, Ujjain in Civil Appeal No. 5-A/74 on 11.12.1978 confirming the decree granted by the trial Court decreeing the suit of the Respondent/plaintiff Ghasiram and others vide judgment and decree dated 23.2.1974 passed by Second Civil Judge, Class-I, Ujjain in Civil Suit No. 21-A/71.

(2.) THIS second appeal was admitted for final hearing on the following substantial questions of law :

(3.) DURING the pendency of restitution proceedings between 14.4.1954 and 19.1.1967, two events took place. The first was the defendants No. 2 to 4, who are legal representatives of Lachhibai, and defendant No. 5, who is legal rpresentative of Pannibai, executed a sale-deed in favour of plaintiff Ghasiram on 23.5.1958 and had obtained possession in pursuance of the registered sale deed and as such he remained in possession till 19.1.1967 while Gowardhan obtained possession in the restitution proceedings. Thereafter defendants No. 2 to 5 filed a civil suit against appellant/defendant No. 1 Gowardhan for declaration of title. That suit was compromised on 11/12.1.1967 and in the said compromise defendants No. 2 to 5 conceded that Daula was initially sub-tenant and as such his legal representative Gowardhan had acquired Bhumiswami right on coming in force of M.P. Land Revenue Code.