KALYAN SINGH Vs. VAKILSINGH

JUDGEMENT

(1.) The plaintiff/whose suit for declaration of title, issuance of permanent preventive injunction and for correction of revenue papers in respect of an agricultural holding has been dismissed by the two courts below, has come up in appeal.

(2.) The suit property is land survey No.451 area 2 Bigha 15 Biswas situated at village Kanuapura of Tehsil Lahar, Distt. Bhind. Undisputedly, the land was custodia legis on the date of the institution of the suit as having been attached by the Sub-divisional Magistrate under S.145/ 146, Cr. P.C.

(3.) According to the plaintiff, he acquired title with possession in the suit property from one Jairam s/o Ochhe under a registered sale deed 15-7-1967. However, the defendant has got himself entered in to revenue papers on the basis of an ex parte decree passed in C.O.S. 237A/63 which decree relates to survey No.421 and not 451. Because the defendant has threatened the plaintiff with dispossession in denial of his/title and relying on the wrongful entry in the revenue papers, the plaintiff had to bring the suit.