RATANLAL Vs. KISHANLAL

JUDGEMENT

(1.) This second appeal has been filed at the instance of plaintiff against the judgment of reversal. The trial Court decreed the suit but in appeal the same has been reversed.

(2.) The facts necessary for the disposal of this second appeal lie in a narrow compass. Suffice it to say that a suit for declaration of bhumiswami right and injunction has been filed by the plaintiff in respect to certain agricultural lands, the description whereof is mentioned in the plaint and which is the subject-matter of the suit. According to the plaintiff, the suit property was owned by one Chunnilal and having bequeathed the same by Will dated 19-3-1961 in favour of plaintiff, after his death he became bhumiswami of the suit property and eventually he submitted an application for his mutation in the revenue record which was ordered to be mutated. According to the plaintiff he is possessing the suit property as bhumiswami and further because defendants 1 and 2 are trying to interfere in his possession hence, a suit for declaration and injunction was filed by him on 21-6-1983.

(3.) The defendants 1 and 2 denied the plaint averments by filling a joint written statement and also filed counter-claim praying to declare them as bhumiswami of the suit property on account of adverse possession and further the order of mutation dated 9-7-1982 be set-aside.