ANOP SINGH Vs. SHOBHAJI

JUDGEMENT

(1.) THE appellants in this second appeal are the original defendants No. 5 to 11. They have filed this appeal against the judgment and decree granted by the Addl. Distt. Judge, Khargone in Appeal No. 39/76 passed on 5.5.1980, whereby decreed the suit of respondent-plaintiff in toto which was dismissed by the trial Court. This appeal was admitted on the following substantial question of law :

(2.) BRIEF facts of the case are as under : Parties to the suit are members of one family. Respondent No. 1-Plaintiff deceased Shobhaji was son of Chensingh. Rest of the parties either sons or grandsons of Chensingh. Family tree given below shall clarify the relationship of the parties : Chensingh <IMG>JUDGEMENT_345_MPRN_2002.jpg</IMG>

(3.) THE trial Court had only framed one issue whether the plaintiff has acquired title and interest in the suit land on the basis of adverse possession after ejecting the defendants. In the suit, evidence of the parties was recorded before the trial Court. The trial Court by its judgment and decree dated 13.4.1976 dismissed the suit holding therein that plaintiff has failed to prove the partition and ouster of defendants from the joint Hindu family property and has failed to prove his possession over the suit land as an adverse possession and dismissed the suit.