SUSHILA BAI Vs. ISMAIL KHAN

JUDGEMENT

(1.) IT is an appeal filed by defendant under section 100 of CP. Code by the defendant against the judgment/decree, dated 17.7.1982, passed by learned Additional District Judge, Shajapur in C.A. No. 79/80-A which in turn arise out of Civil Suit No. 43-A of 1976, decided on 25.10.1980 by Civil Judge, Class II, Shajapur. It was admitted for final hearing on following substantial question of -

(2.) ON the strength of an agreement, dated 19.1.1964 (Ex. P-1), the plaintiff brought a suit for a declaration and injunction against the defendant in relation to suit land. In substance, the case of the plaintiff was that he had entered into an agreement to purchase the suit land that belongs to Nand Kishore (since dead) and now represented by his legal representatives for Rs.600/- and in place of cash amount, gave one bull to defendant and obtained possession. It is alleged that in terms of agreement, the defendant was to execute the sale deed in favour of plaintiff within seven days. However, the same was not done. Plaintiff remained in possession thereby not only acquired the rights of Bhumiswami but also perfected the rights of ownership by adverse possession. He said that even the defendant had initially granted Patta in his favour but the same was lost and hence, as sub-tenant of defendant by virtue of Patta (though lost) became absolute occupancy tenant on coming into force M.P.L.R. Code. The defence was that of denial in toto.

(3.) HEARD Shri S.S. Garg, learned counsel for appellant and Shri S.A. Mev, learned counsel for respondent.