MAHESH KUMAR MALAIYA Vs. TARABAI

JUDGEMENT

(1.) THIS is plaintiff s second appeal under section 100, Civil Procedure Code. The following substantial questions of law were formulated at the time of the admission of this appeal by order dated 16 -7 -1984: -

(2.) THE questions referred to above were decided by judgment dated 27 -6 - 1990 of this Court and the appeal was dismissed. The application for framing two additional questions of law was rejected. That judgment was challenged before the Supreme Court in Civil Appeal No. 4178 of 1999. By order dated 30 -7 -1999 the Supreme Court set aside the judgment of this Court in view of the decision of the Supreme Court in R. Rajagopal Reddy v. Padmini Chandrasekharan, AIR 1996 SC 238 by which its earlier decision in Mithlesh Kumari v. Prembihari Khare, AIR 1989 SC 1247, was overruled.

(3.) THE plaintiff's case was that Kundanlal had purchased the suit land in the name of his daughter Tarabai. She was only a Benamidar. The land was actually in possession of Kundanlal and after execution of the gift deed in favour of his daughter Gulabbai she came in possession of this land. She got the name of her son Plaintiff No. 1 Mahesh Kumar recorded on this land in the year 1969. The Defendants dispossessed the plaintiffs from the land in the year 1972 and hence the present suit for possession was filed.