HAKIM Vs. BEGAMBI

JUDGEMENT

(1.) THIS is a second appeal by the defendants under section 100 of the Code of Civil Procedure (to be called as 'Code' only).

(2.) LATE Jugroo had three sons. Late Bashir, Nasir (A-2) and late Majid. Smt. Fullo was wife of late Jugroo. Hakim (A-1) is son of late Bashir while Smt. Begambi (R-1 - plaintiff) is widow of late Majid. Thus, the appellants are nephew and brother-in-law of Smt. Begambi (R-1 - plaintiff). Late Jugroo had some agricultural land in village Sankh of District Chhindwara. As per plaint, Smt. Begambi (R-1), nephew Hakim (A-1) and brother-in-law Nasir (A-2) all three had equal shares in these lands. Hakim (A-1) and Nasir (A-2) were cultivating these lands and were giving 1/3 shares of crop to Smt. Begambi, who lived out of district. However, the appellants stopped giving share of crop to Begambi (R-1) and showed their intention to alienate the lands. Hence, a suit for separate possession of 1/3 share in such lands after partition was filed on 19.4.1985.

(3.) THE trial Court held that Smt. Begambi had 1/3 share in the suit lands. She has been dispossessed illegally. Though the appellants were in possession of the suit land for last 30 years but their possession was permissive and they had not perfected their title by adverse possession. Neither Ex. D-1 sale-deed dated 24.1.1968 nor Ex. D-2 a receipt dated 22.1.1955 was relied upon by the trial Court. The learned first appellate Court concurred with the trial Court and thus the civil suit of Smt. Begambi (R-1) was allowed by both the Courts below.