BABUSINGH Vs. MASRIBAI

JUDGEMENT

(1.) This is an appeal filed by the appellants/defendants against the judgment and decree dated 31.10.2014 passed by Civil Judge, Class-I, Alirajpur decreeing the suit and also against the judgment dated 17.02.2016 passed by District Judge, Alirajpur whereby the first appeal filed by the defendants has been dismissed.

(2.) Plaintiff filed a suit for declaration of title, confirmation of possession, damages and permanent injunction in respect of agricultural land bearing survey No.836/2, area 1.70 hectare situated at village Gadath, Block, Tahsil and district Alirajpur (hereinafter referred to as 'the suit land'). According to the plaintiff, she purchased the suit land vide registered sale deed dated 02.02.2011 from Smt.Smt. Vestibai and her sons Dashrath and Khuman for a consideration of Rs.35,000/- and obtained the possession. The defendant No.1 being Patel is a politically influenced person. The defendants No.2 & 3 are his sons and defendant No.4 is his daughter and they are trying to interfere into the possession of the plaintiff and preventing her from cultivating the land. The defendant No.1 under his influence has got executed a sale deed dated 25.05.2012 in the name of defendant No.4 from Smt. Vestibai, Dashrath and Khuman in respect of survey No. 836/1, area 0.88 hectare and under the garb of this sale deed they are trying to dispossess her from the suit land and they also have damaged the crops worth of Rs.5,000/-. No relief has been claimed against defendants no. 5 & 6.

(3.) After receipt of summons, the defendants No. 1 to 4 have appeared and filed the written statement. According to them, 22 years back the defendant No.1 Babusingh agreed to purchase the suit land by way of oral agreement to sell from erstwhile Shri Roopji, (father of Smt. Vestibai) for a consideration of Rs.25,000/-. He was kept in possession and since Roopji was not keeping good health and was not in possession to execute the registered sale-deed, therefore, he executed a WILL in his favour. Thereafter, he died in the year 2004 and since then the defendant No.1 is in possession as owner of the suit land. It is further pleaded in written statement that plaintiff never remained into the possession of the suit land but by way of forgery she has got executed a sale deed from Smt. Vestibai and her sons Dashrath and Khuman. The defendants have also filed a counter claim on the ground that defendant No.1 had purchased the suit land 22 years back and thereafter a WILL is also in his favour. He is in possession openly with the knowledge of plaintiff, therefore, he has perfected the title by way of adverse possession also, hence the plaintiff be restrained to interfere into their peaceful possession.