RAMGOPAL KUSHWAHA Vs. RAMPRATAP

JUDGEMENT

(1.) THIS is a second appeal by the defendant against the reversing judgment of the first Appellate Court.

(2.) RAMCHANDRA (since deceased whose legal representatives are brought on record the appellant/defendant) and Rampratap (respondent) both were sons of Kamtaprasad. However, their mothers were different. Late Ramchandra had purchased Khasra Nos. 178, 179 and 180, area 18 Bigha 15 Biswa with Ghurmal Kachhi. These lands were mutated in names of late Ramchandra Ghurmal in equal shares. Ramchandra has sold 4 Bigha 14 Biswa (O. 982 hectare) land, to his son -in -law Jamuna Prasad on 1 -6 -1977 vide Ex. P.11. Rampratap (respondent) had started a proceeding under section 145 of the Code Criminal Procedure against late Ramchandra and Ghurmal. In such proceedings the above Khasra numbers with Khasra Nos. 154, 155 and 158 were attached by the Criminal Court. However, these proceedings ended in favour of Ramchandra and Magistrate held late Ramchandra to be in possession.

(3.) ON the other hand, late Ramchandra claimed that he had purchased Khasra Nos. 178, 179 and 180. When Rampratap had become major this land was allotted to Ramchandra in partition. Rampratap (respondent) did not get any share therein nor he was ever in possession thereof. According to him, late Ramchandra continued in possession of suit land from the very beginning. According to him, Rampratap (respondent) has taken inconsistent plea of allotment of the suit land in partition and fresh partition between the parties. The Criminal Court had found his possession on suit land after reference to Civil Court.