KHURSHID ALI Vs. KUTUBUDDIN

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 19-7-1999 in Civil Suit No. 21-A 1994 by II Additional District Judge, Ambikapur (District Surguja), whereby the plaintiff's suit for declaration and permanent injunction was dismissed and the counter-claim of the respondents 1 and 2 for possession of the suit- property was decreed.

(2.) Undisputably, Anupa Bibi was the owner of disputed land bearing Khasra No.620 area 0.316 hectares situate at village Juna-Lakhanpur District Surguja. A Kutcha house is constructed on a portion of the suit-land in an area of about 5 decimals, while the remaining land of the above khasra number is lying vacant. It is also not in dispute that Anupa Bibi sold the suit-lands in favour of respondent No.1 by registered sale-deed dated 5-6-1961. The respondent No.2 is the son of respondent No.1

(3.) The case of the plaintiff/ appellant stated in brief is that his father, late Mazhar Ali was in occupation of the suit-land since 1951-52. He had constructed a kutcha house thereon, in the year 1951-52 and used to keep his servants and agricultural implements therein. Hehad also planted two "sheesam" trees on the said land. After the death of his father in the year 1952, the plaintiff and his brother Farjand Ali had planted trees, numbering 121, on the suit-land, The plaintiff and his brother partitioned the property in the year 1990-91. The said partition was afirmed by the revenue Court. In the said partition, the suit-land was allotted in the share of the plaintiff/appellant; and he was in exclusive possession of the suit-property.