RAM SUNDAR Vs. SUDAMA

JUDGEMENT

(1.) THE suit out of which this second appeal arises was filed by the respondents in the Court of 2nd Additional Munsiff -Magistrate, Rewa, for possession of some fields and a sum of Rs. 360/ - as damages for use and occupation. The claim was decreed by the trial Court for possession and damages to the extent of Rs. 260/ - only. In appeal, the claim for damages was disallowed as also for possession of one of the plots. The rest of the decree passed by the trial Court was confirmed. The defendant has, therefore, filed this second appeal.

(2.) THE respondents (plaintiffs) formed members of a joint Hindu family. They claimed that the lands in suit belonged to them and that they had obtained a patta in respect thereof in the last Settlement. They alleged that the appellant (defendant) started disputes regarding possession over the property and therefore proceedings under Section 145, Criminal Procedure Code, were initiated against both the parties. That dispute was compromised and the proceedings were filed. The plaintiffs alleged that the appellant -defendant obtained an order fraudulently from the criminal Court for possession over the lands.

(3.) THE Courts below held that as the patta was issued in the names of the plaintiffs' ancestors, the lands belonged to them. They further held that the award (Ex. D -1) and the release deed (Ex. D -2) were not admissible in evidence for want of registration and therefore the defendant was precluded from proving anything on their basis. The trial Court decreed the whole claim on the basis of the title of the respondents; but the lower appellate Court held that possession of the appellant over the lands was by virtue of an order passed by the criminal Court and was not therefore illegal. Accordingly, the claim for damages was disallowed.