KANHAIYALAL Vs. MURLIDHAR

JUDGEMENT

(1.) THIS is a plaintiff's second appeal under section 100 of the Code of Civil Procedure, 1908 (to be called as 'the Code' only)

(2.) THE appellant-plaintiff had on 12.7.1977 filed a civil suit for possession of land Na Ta Ya Fa (to be called as Chhapri) in plaint map and for declaration that land Ta Kha Da Dha (to be called as suit land) did not belong to the respondents. As per plaint, land on which House No. 52 of the appellant is situate, was purchased on 11.4.1925 by his father from late Maiguzar Shiv Varan Singh. Part of the house was constructed in the year 1925. One part was constructed in years 1935-36 and then some other part was constructed. Ta Kha Da Dha remained open. A Neem tree was standing on this part branches of which were cut by the appellant. Later on this Neem tree was cut by the brother of appellant after obtaining permission from Tahsildar. Respondents claimed their title to open land Ta Kha Da Dha on the basis of a sale-deed dated 16.12.1965 executed by their father who, according to plaint, had no right or title to sell such land. The respondents in June 1977 constructed a Chhapri on Na Ta Ya Fa part of the open land, hence this suit had to be filed.

(3.) BOTH the Courts below have concurrently held that the appellant had not been able to prove his title on suit land and thus the suit of the appellant was dismissed by both the Courts.