ALABUX ALIULLA Vs. BUDHSEN BHAROSA

JUDGEMENT

(1.) THIS is plaintiffs second appeal against the judgment and decree dated 20-4-1984 and 23-4-1984, respectively, of First Additional Judge to the Court of District Judge, Rewa, passed in Civil Appeal No. 29-A of 1981, arising out of the judgment and decree dated 21-7-1980, of the Court of Additional Civil Judge (Class II), Mauganj, in Civil Suit No. 20-A of 1980 (Budhsen v. Alabux), whereby the decree for possession of the suit land has been confirmed.

(2.) BRIEF history of the case is that the plaintiff-respondent (here) filed a suit on-5-2-1978 in the Court of Additional Civil Judge, Class II, Mauganj, District Rewa, on the ground that the land bearing Khasra No. 335, measuring 0. 85 decimals, situated at Dharampura, was owned and possessed by his father. It is ancestral property. Plaintiffs father died in December, 1955. Age of the plaintiff, at the time of his father's death, was about one year and age of the plaintiffs brother was about three years. Thus, they were minors. The plaintiff, his mother and elder brother were in cultivating possession of the suit land, and after the death of plaintiffs mother, his brother and he came in possession over the suit land. Plaintiffs elder brother Ugrasen died in June, 1974. The plaintiff gained majority two years prior to the filing of the suit.

(3.) THE defendant illegally occupied 50 decimals of land as shown in Annexure-A of the plaint on 2-12-1975. The defendant also got this land illegally mutated in his name on 7-10-1975. The plaintiff, therefore, sought a declaration of title and possession of 50 decimals forming part of the land bearing Khasra No. 335 referred to above. It appears that the suit was earlier registered as Civil Suit No. 36-A of 1978 and, subsequently, it was transferred to the Additional Civil Judge and new number was allotted as Civil Suit No. 20-A of 1980.