LAWS(MPH)-2010-4-70

GENDALAL Vs. JASODA BAI

Decided On April 23, 2010
GENDALAL Appellant
V/S
JASODA BAI Respondents

JUDGEMENT

(1.) This appeal has been heard on the following two substantial questions of law:-

(2.) Short facts relevant for the purpose of this appeal are that the plaintiff, in Paragraph 3 of the plaint, averred that her husband was posted in Village Binaganj, District Guna in Government service when about 9-10 years back, the plaintiff granted the land to the defendants for cultivation on Adhbatai. Plaintiff resided with her husband in Village Binaganj. She used to visit the defendants once in a year to receive her share of Adhbatai. Since then the defendants being Adhbataidars have been continuing in cultivating possession of the suit land. Plaintiff's husband was transferred to Village Jamner, which was near to the suit land. Therefore, the plaintiff asked the defendants to hand over the possession of the suit land. On their denial, she instituted a suit for declaration of title and restoration of possession.

(3.) Defendants vide their written statement denied the title of the plaintiff. They also denied the theory of grant of suit land on Adhbatai. Suit was also opposed on the ground of limitation.