NEEMA BAI Vs. SARASWATI BAI

JUDGEMENT

(1.) IT is a defendant's second appeal under section 100 of the Code of Civil Procedure.

(2.) SMT . Saraswati Bai and Smt. Bisro Bai (both widows-to be called as 'plaintiffs' only) through their attorney on 17.2.1994 filed a civil suit for possession of 7' x 15' land out of khasra 63 (new no. 79) area 0.012 after removal of a wall and tin shed and for permanent injunction against interference in their possession. According to them they had purchased this land on 20.4.1981 from Mohd. Siddiqui by registered sale deed and were in possession thereof since then. According to them Neema Bai - appellant encroached upon their land and constructed a wall and tin shed. Plaintiffs applied to revenue Court under section 250 of the Madhya Pradesh Land Revenue Code for possession. They got the land demarcated which confirmed such encroachment. The matter was reported to the police also. Smt. Saraswati Bai died on 15.3.1999 and her legal representatives were brought on record who are respondents in this appeal.

(3.) THE trial Court held that the plaintiffs were able to prove that they had purchased 0.01 hectare land of khasra No. 79 from Mohd. Siddiqui in year 1980-81 and had taken possession thereof. However, he did not rely on demarcation by patwari who had not prepared any field book and had not fixed permanent marks. He found fault in map prepared by patwari and held that the plaintiffs were unable to prove that the appellant had encroached upon their land and thus dismissed the civil suit. However, learned first appellate Court on appeal by Smt. Saraswati Bai upheld the demarcation by the patwari and decreed the suit.