GANGA BAI Vs. DEVI SINGH

JUDGEMENT

(1.) This appeal has been filed at the instance of defendant assailing the impugned judgment and decree passed by learned first Appellate Court partly decreeing the plaintiffs suit by reversing the judgment and decree passed by learned trial Court dismissing the suit.

(2.) Looking to the substantial question of law which has been framed the facts necessary for the disposal of this second appeal lie in a narrow compass. The plaintiff filed suit for declaration of Bhumiswami right and permanent injunction in respect of certain agricultural land, the description whereof is mentioned in the plaint and which is subject-matter of the suit.

(3.) According to the plaintiff he is possessing the suit property for last 15 years prior to the date of filing of the suit which was filed on 3-6-1982. The defendant was in need of money to pay the debt of one Cheetarlal, resultantly, he (defendant Puralal) obtained a sum of Rs. 16,000/- from plaintiff and orally sold the land in question to him. The possession of the suit property was also handed over to the plaintiff. Since then, the plaintiff is possessing the suit property as owner in the knowledge of the defendant continuously without any interruption and hence he has acquired Bhumiswami right by adverse possession. Further it has been pleaded by the plaintiff that defendant was convicted in a murder case and he was sentenced to suffer life imprisonment. But the suit property throughout remained in possession of the plaintiff. After serving out the entire sentence, the defendant came out from the jail but with an intention to take possession by illegal means, he tried to dispossess the plaintiff. Hence, the present suit has been filed for declaration of Bhumiswami right and injunction.