BHAPU SINGH Vs. BONDAR SINGH

JUDGEMENT

(1.) THIS is plaintiff's first appeal.

(2.) ADMITTEDLY the property in dispute belonged to one Bherosingh who died in the year 1990.

(3.) PLAINTIFF came out with the case that late Bherosingh had adopted his nephew (plaintiff) about 38 years' back. Bherosingh died on 781990 leaving behind the plaintiff as the sole surviving heir, therefore, he performed last rites and other religious ceremonies after the death of Bherosingh. It was alleged that plaintiff became owner of properties of Bherosingh. He therefore applied for mutation of his name in revenue records. In those proceedings respondent No. 1 and 2 also applied for mutation of their names on the basis of a so called 'Will' of Bherosingh. It was further alleged that respondent No. 1 and 2 with the help of antisocial elements forcibly dispossessed the plaintiff from one of the suit houses as described in the plaint. It was further alleged that under threat of life, respondent No. 1 and 2 forced the Plaintiff to enter into an agreement in respect of Survey No. 31 and 165 area 4.047 hectare and got their names recorded in revenue records. Subsequently, by two sale deeds of even date 1041992 they sold these Survey Numbers to respondent No. 3 and 4 which were not binding upon him, therefore plaintiff filed the suit for declaration of title and permanent injunction in the alternative possession and mense profits.