KANAHIYA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the defendants. This Court vide order dated 16.2.2000 while admitting the appeal had formulated the following substantial question of law:-

(2.) In order to answer the aforesaid substantial question of law, reference to few facts is necessary. The respondent No.2 instituted a suit on or about 21.4.1975 in respect of land admeasuring 20.81 acres on the ground that his father Ram Khilawan was the real brother of Mangal. Ram Khilawan died when the plaintiff was about 5-6 months old. The suit lands alongwith other lands were recorded in the name of Mangal who was the 'Karta' of the family. It was further pleaded that Mangal died some time in the year 1953-54. Thereafter, the name of his widow, namely, defendant No.1 as well as the name of plaintiff was mutated in the revenue records. It was averred that an order of mutation in favour of the plaintiff in respect of his half share in the suit lands was passed some time in the year 1961. However, the defendant No.1 in collusion with other defendants got their names mutated in the revenue records and sold the part of the suit land to defendants No.5 & 6 by registered sale deeds dated 15.5.1974 and 16.5.1974. By way of amendment the plaintiff also pleaded that he has been dispossessed from the suit lands. The plaintiff accordingly sought decree for declaration of title as well as for prohibitory injunction and possession.

(3.) The defendants filed written statement and contested the claim of the plaintiffs on the ground that plaintiffs' father and Mangal were not real brothers. It was pleaded that one Moolai had three sons, namely, Muswa, Pandohi and Sunder. Late Mangal was the son of Pandohi and Ramkhilawan was the son of Sunder. It was further pleaded that Mangal and Ram Khilawan were neither the real brothers nor the members of joint family. It was also pleaded by the defendants that they were in cultivating possession of the suit lands for past more than 35 years and have perfected their title by adverse possession.