RAMSAJIVAN Vs. LALJI RAM

JUDGEMENT

(1.) This second appeal has been filed by plaintiff against the judgment and decree dated 19-8-1994, passed by learned Second Additional District Judge, Sidhi in Civil Appeal No. 8-A/1992 allowing the appeal of defendant and thereby setting aside the judgment dated 4-4-1990 and decree dated 9-4-1990, passed by learned III Civil Judge Class-II, Sidhi in Civil Suit No. 15-A/1989, decreeing the suit of plaintiff/ appellant.

(2.) No exhaustive statement of facts are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that a suit for declaration that plaintiff is the Bhumiswami of Survey No. 2630 (old No. 2697) area 1.85 acres and the registered sale-deed dated 6-6-1988 executed by second and third defendants in favour of first defedant is null and void against the plaintiff and in the alternative, it has been prayed that the plaintiff be declared Bhumiswami of Survey No. 380 (old No. 330) area 1.85 acres and the possession thereof be also delivered to him.

(3.) In the plaint, it has been pleaded by the plaintiff that he is Bhumiswami of Survey No. 2630 area 1.85 acres, and this land was given to him in exchange by Suryadeen who was the predecessor of second and third defendants and in exchange, plaintiff gave his