SURAJBAI Vs. RUPA

JUDGEMENT

(1.) Appellant by Vidushri Sumanlata, Advocate.

(2.) The appeal was admitted for hearing by this Court vide order dated 7-4-2006 on the following substantial question of law :-

(3.) Short facts of the case are that respondent No. 1 filed a suit for declaration, possession and compensation on 14-11-1997, wherein it was alleged that respondent No. 1 is owner of land bearing various survey numbers situated at village Dhaturia, Tehsil Petlawad, District Jhabua of which field number is 145 and changed number is 164. It was alleged that respondent No. 1 remained in possession till April, 1997. It was alleged that appellant has taken possession of the suit land from respondent No. 1 forcibly. It was alleged that after obtaining record respondent No. 1 came to know that appellant has got her name mutated on the land bearing Survey No. 1442 without any basis and also without any intimation to the respondent No. 1. Further case of respondent No. 1 was that changed field number of 64 is 166, which was further changed from time-to-time as 170, 187 and lastly 1442. It was alleged that respondent No. 1 is in occupation since last long as is evident from the year 1982-83 onwards. It was alleged that since appellant has dispossessed the respondent No. 1 forcibly, therefore, it be declared that respondent No. 1 is owner of the suit land and appellant be directed to put the respondent in possession and compensation be awarded. The suit was contested by the appellant by filing the written statement, wherein it was denied that respondent No. 1 is owner of the land in dispute and was in occupation. It was alleged that appellant is in occupation of land since 16-17 years. It was denied that appellant has taken possession of the suit land forcibly. It was prayed that suit be dismissed. After framing of issues and recording of evidence learned trial Court decreed the suit filed by respondent No. 1, against which appeal was filed, which was dismissed, hence this appeal.