SHER KHAN Vs. BABOO KHAN

JUDGEMENT

(1.) THE case of the plaintiffs is that the suit land area about 4.23 hectares situated at village Tannod tehsil and District Dewas was the joint family property of plaintiff No. 1 and defendants No. 1 and 2 and that plaintiff No. 1 has given his part of the land to the defendants on "Batai" and thereafter plaintiff No. 1 has executed a Will of the suit land in favour of Heerakhan. The defendants refused to return the half portion of the suit land to the plaintiffs and as such the decree of possession and mesne profit be passed against them.

(2.) THE case of the defendants is that they are the sole owners of the suit land and plaintiff No. 1 had no share in the property. It is denied by the defendants that plaintiffs gave the suit land to the defendants on ' 'Batai". Admittedly the plaintiff sherkhan is claiming title over the suit land from his father Gafarkhan, who is the son of Natthekhan. From the perusal of the khsara it is clear that the father of plaintiff Sherkhan was Gafarkhan and the father of Gafarkhan was Natthekhan, but in Panchsala Khasra of 1941-42 it is written that father of Gafarkhan was Khushikhan. Consequently, it is clear that the alleged Gafarkhan whose name is displayed in Panchsala in the year 1941-42 was not the father of the plaintiff.

(3.) CONSEQUENTLY , this appeal is hereby dismissed in limine.