NANKU @ NAGENDRA SINGH Vs. RAMDARASH SINGH

JUDGEMENT

(1.) THIS second appeal has been preferred by the defendants aggrieved by reversal of judgment and decree passed by the learned trial Court.

(2.) THE suit was filed by the plaintiff for declaration of title and permanent injunction in respect of open piece of land "Ka Kha Aa Ba Sa Da" purchased by registered sale deed dated 10.11.1986 from one Bhagwandas. Defendants were trying to dispossess the plaintiff. Hence, suit was filed. Defendants in their written statement denied the plaint allegations and contended that Bhagwandas was not the owner and in possession of the land in dispute, whereas the possession was that of defendants and no sale-deed with respect to the land in question was executed by Bhagwandas in favour of the plaintiff.

(3.) LEARNED counsel for the defendants/appellants has submitted that it is a case where title of vendor of the plaintiff has not been established by specific evidence. He has further submitted that PW-3 Shiv Karan Singh who is an attesting witness has not stated the size of the property sold. He has also submitted that another attesting witness; Suman Singh has not been examined in the instant case. It is further submitted that the deposition of Jaldevi DW-6 has not been property appreciated by the Court below. His further submission is that affidavit of deceased Bhagwandas Ex. D1 has not been properly appreciated. He had mentioned land in question was not sold. Counsel placed reliance on 1985 MPWN Short Note 380, Nihalchand v. Danishali. He has further submitted that the judgment of reversal without adverting to the reasoning, is not permissible approach available to the first appellate Court and he has pressed into service the decision in the case of Keluni Dei v. Kanhei Sahu and ors., AIR 1973 Orissa 28. It is further submitted that weakness of the defence in such case is not material plaintiff has to prove his own case and the approach of the Court below is vitiated. Reliance is placed on the decision in case of Dayawanti Bai v. Iqbal Mohammed Khan, 1978(2) MPWN Short Note 323.