NARAYAN PRASAD Vs. TULSIDAS

JUDGEMENT

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

(2.) A Civil Suit No. 75-A/79 Tulsidas and another v. Narayan Prasad and another filed by the respondents for permanent injunction in respect of Khasra No. 420,421 and 422 (old Khasra No. 385/1, 385/2 and 385/3) situate at village Chorhata, Tahsil Huzur, District Rewa followed as suit land was dismissed by IV Civil Judge, Class II, Rewa. However, Civil Appeal No. 64-A/83 Tulsidas and another v. Narayan Prasad and another filed by the respondents was allowed on 18.9.1987 by First Additional District Judge, Rewa. Aggrieved thereby, this second appeal was preferred on 9.12.1987.

(3.) THE trial Court held that the sale-note was genuine and not forged and the appellants have perfected their title by long adverse possession. According to trial Court, respondent were neither the owner nor possessor of the suit land and thus they were not entitled to any injunction However, the first appellate Court reversed the judgment and held that the sale-note dated 9.10.1961 was not proved and the appellants did not come in to possession of the suit lands in 1961 and had not perfected their title by adverse possession and thus the civil suit was decreed.