HARISCHANDRA BEHRA Vs. GARBHOO SINGH

JUDGEMENT

(1.) THIS appeal arises out of a suit for possession of 134.11 acres of Bhogra lands situate at mouza Salhepali, Tahsil Gharghoda, details whereof are given in the plaint. The suit was dismissed by the Second Civil Judge, Raigarh, on the ground that it was not maintainable. The plaintiffs have, therefore, come up in appeal.

(2.) ONE Ayodhyasingh was admittedly the Zamindar of mouza Salhepali at the relevant time. Up to 22 -9 -1942, one Samru was the Gaontia of the village, Salhepali, and was in possession of the suit lands, recorded in the revenue papers as Bhogra lands.

(3.) THE plaintiffs alleged that Garbhoosingh (defendant No. 1) and Ghandarai (deceased) who was originally defendant No. 2 forcibly took possession of the lands on 16 -6 -1949 with the help of some other persons. Ghandarai is represented in the suit by his minor Jankiprasad (respondent No. 2).