RAM SWARAUP (DEAD) Vs. BALDEO PRASAD

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dated 10/07/2001 passed by the Additional District Judge, Maihar District Satna in Civil Appeal No. 67-A/1997 confirming the judgment and decree dated 20/10/1997 passed by the Civil Judge Class I Maihar in Civil Suit No. 28-A/1987 directing the applicant to execute the sale deed of the disputed land in favour of the applicant.

(2.) This appeal has been admitted vide order dated 26/11/2001 on the following question of law:-

(3.) In this case these are admitted fact that the appellant/defendant father late Jagat Deo Patel was the owner of agricultural land bearing Survey No. 2282, Area 3 Beegha and 1 Biswa situated in village Jariyari Tehsil Maihar, District Satna. Jagat Deo Patel soled out the aforesaid land to the appellant by registered sale deed dated 28 th June 1976 and handed over the possession to the appellant. Later on this land was sold out by the District Cooperative Land Development Bank, Branch Maihar, by public auction as it was mortgage by late Jagat Deo Patel. The land was purchased by the appellant and on 31 st March 1986 and a sale certificate was issued in his favour. On the basis of the sale certificate he initiated proceeding before the Revenue Court for mutation in which the respondent/plaintiff filed objection and in last on the basis of settlement between the respondent/plaintiff and appellant/defendant, the land was mutated in the name of appellant/defendant. The appellant/defendant also took possession of the land through Revenue Court.