SATNAM SINGH Vs. HUKUM SINGH

JUDGEMENT

(1.) This appeal under Section 100 of the C.P.C. is at the instance of the defendant no.1 and 2 in the suit challenging the judgment of the First Appellate Court dated 18.2.1980, by which Civil Appeal No.3A/1975 filed by the respondents no.1 to 5 (plaintiffs) was allowed and the Civil Suit No.24A/1970 was decreed. The trial Court by the judgment dated 11.1.1975 had dismissed the C.S. No.24A/1970.

(2.) The respondents no.1 to 5 (plaintiffs) had filed the suit for declaration and permanent injunction pleading that Kunwarji and Bhuri Wd/o Heera were owner of the land admeasuring 50 Bigah 1 Biswa situated at village Ahirkheda. Bhuri had gone in 'Natra' during the lifetime of Kunwarji, therefore, her rights on the land had come to an end and Kunwarji remained the sole owner of the land. In 1933 Kunwarji had sold a part of the land in his ownership admeasuring 31 Bigah 11 Biswa (suit land) to the respondents no.6 and 7 Narayan and Ghisalal for consideration of Rs.5,00/- and in the record the name of the respondent no.7 Ghisalal was entered and possession of the suit land was handed over to him. In 1937-38 Ghisalal had sold the suit land to Bhagwan Singh (plaintiffs-respondents no.1 to 5 are the legal heirs of Bhagwan Singh). The sale by Ghisalal in favour of Bhagwan Singh was oral sale and in pursuant thereto, Bhagwan Singh and thereafter his legal representatives respondents no.1 to 5 had continued in possession of the suit land. It was further pleaded that the sole legal heir of Kunwarji was his daughter Nandi Bai and after her death, her son Narayan (respondent no.6) had become the legal heir. It was further pleaded that Hari Singh had got his name mutated illegally and surreptitiously whereas Tehsildar of the Jagir had no power to pass mutation order dated 17/3/1948. The remaining land of Kunwarji admeasuring 19 Bigah was inherited by Narayan. Defendant Hari Singh had initiated proceedings for possession under Section 250 of the Land Revenue Code claiming possession of suit land, which were dismissed by the Tehsildar by order dated 23.3.1964 and the appeal was dismissed by the S.D.O. by order dated 31.7.1968, and Hari Singh had thereafter executed a bogus sale deed dated 10.4.1970 in favour of the appellants whereas Hari Singh was neither owner nor he was in possession of the suit land. Since the appellants had tried to interfere in the possession of the respondents no.1 to 5, therefore, they had filed the present suit.

(3.) The appellants by filing the written statement had denied the plaint averment. They had denied the sale by Kunwarji in favour of Ghisalal and Bhagwan Singh. It was pleaded that Kunwarji had died in 1946 and in 1948 the suit properties were mutated in the name of Hari Singh. It was further pleaded that Hari Singh was son of Kunwarji's brother's son Ram Singh. The possession of Ghisalal on the suit land was denied. It was further denied that Bhagwan Singh had received any title on the basis of the sale deed executed by Ghisalal. It was further pleaded that Bhagwan Singh on 27.8.1958 had filed an application for rights of Pakka Krishak in respect of the suit land disclosing himself to be sub-tenant and that the plaintiffs had not raised earlier any plea of adverse possession.