MOTIRAM Vs. PANNALAL

JUDGEMENT

(1.) THE appellants/defendants have filed this second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 17-8-95 rendered by XIth Additional Judge to the Court of District Judge, Indore in Civil Regular Appeal No. 18/91 confirming the judgment and decree passed by VIth Civil Judge, Class-II, Indore on 16-7-1991 in C. O. S. No. 195-A/78.

(2.) THE brief facts for the purpose of deciding the controversy between the parties in this case are that the respondents/plaintiffs who are legal heirs of one Moolchand filed a suit for declaration and injunction against the appellants/defendants in respect of 3 acres of land out of Survey No. 501 and 1. 28 acres out of Survey No. 502 situated at Village Asrawad Khurd, Tehsil and District Indore. Admittedly the aforesaid survey numbers stand in the name of defendants/appellants in the Revenue Records but in Column No. 12 of possession, the names of plaintiffs are mentioned. The plaintiffs case was that he is in possession over the land in dispute and their names are recorded in the Revenue Records and they are doing cultivation and at the relevant time they had sowed crop of Jwar in the land. The respondents/plaintiffs further submitted that Smt. Pannabai, defendant No. 1 and one Mukund were litigating in Civil Court in C. O. S. No. 48/51 in which the plaintiffs father Moolchand helped Smt. Pannabai and due to his help compromise was arrived between the parties, thus by way of remuneration Smt. Pannabai orally gifted the suit land to Shri Moolchand who was the father of the plaintiffs. It was further stated that since 1951 plaintiffs remained in possession over the suit land and thus their possession is adverse and they became the Bhumiswami and owners of the property. It was further submitted that the appellants/defendants had filed a suit against the plaintiffs bearing Civil Original Suit No. 194-A/75 for possession which was dismissed in default in 14-12-1977. Consequently all the rights of the defendants stood extinguished in the said land. Since the appellants/defendants wanted to take forcible possession on 15-6-1978, the plaintiffs were forced to file the present suit. The present appellants/defendants controverting the aforesaid facts pleaded that the suit lands are not in possession of the defendants. The fact of adverse possession was also denied.

(3.) THE Trial Court found that the respondents/plaintiffs are in possession over the suit land from 1951 and on the basis of principle of adverse possession they became the owner and Bhumiswami. It was further held by the Trial Court that the respondents/plaintiffs are entitled to invoke the principle of adverse possession and are also entitled to get a decree of declaration and injunction thereon, on that basis the suit was decreed by the Trial Court.