BIHARILAL Vs. RAMPRASAD

JUDGEMENT

(1.) Shri Himanshu Joshi, learned counsel for the appellants. Shri Umesh Gajankush, learned counsel for the respondents. None for the State. Heard. This second appeal under section 100 of the Civil Procedure Code has been filed by the plaintiff in the suit challenging the judgment dated 10-7-1998 passed by the First Appellate Court by which the First Appeal preferred by the appellants has been dismissed and the judgment of the trial Court has been affirmed. The trial Court by the judgment dated 14-11-1994 had dismissed the C. S. No. 49-A/90 filed by the appellants and decreed the counter-claim filed by the defendants No. 1 and 2 in the suit. Original defendants No. 1 and 2 in suit were Deviram and Beeram who are now dead and whose LRs are respondents in present appeal.

(2.) The appellants had filed the suit for declaration and injunction stating that the appellant was son-in-law of Bheruji who was the father of defendant No. 2 Beeram. The suit property was given to the father of the appellant 40 years back by Bheruji since then the appellants had continued in its possession. The original defendants No. 1 and 2 had executed the agreement dated 4-9-1980 in favour of the appellants and again an another document dated 31-8-1979 was also executed by the defendants in appellants' favour. He also raised the plea of adverse possession.

(3.) The suit was opposed by the defendants denying the ownership and possession of the appellants. They also denied the execution of any agreement in favour of the appellants and raised a plea that the appellants had taken forcible possession of the suit land on 20-7-1990. The defendants No. 1 and 2 had also filed the counter-claim for declaration and permanent injunction for the suit land.