RAM KRIPAL Vs. VEERBHADRA

JUDGEMENT

(1.) The appellant/defendant has filed this appeal being aggrieved by the judgment and decree dated 13-9-1995 passed by the 4 th Additional District Judge, Rewa, in Appeal Case No. 15-A/1993 whereby the judgment and decree dated 22-2-1991, passed by Civil Judge Class I, Mauganj, District Rewa, in Case No. 198-A/1991, has been affirmed.

(2.) The brief facts giving rise to the present appeal are that the respondents alongwith their mother, Smt. Sumitra wife of Kaushal Prasad filed a civil suit for declaration in respect of Khasra No. 192, area 0.69 decimal situated in village Virha Gopal, Tahsil Hanumana, District Rewa, on the ground that the land, in question, initially belonged to one Omkarnath who died leaving behind only one issue i.e. Sumitra, who had executed a Will in favour of the respondents No. 1, 2 and 3 and that they are in possession of the said land since then but the appellant on false averments has got the land mutated in his name and was attempting to interfere in their possession. The respondents No. 1 to 3 therefore sought a decree for declaring the proceedings of the revenue authorities dated 22-11-1982 passed in Case No. 168-B-21/78-79 as null and void.

(3.) Notice of the suit was issued to the appellant by the trial Court on 11-7-1985 for taking up the matter on 6-12-1985 on which date the Court proceeded ex parte against the appellant by taking note of the fact that the notice has been served by affixation and passed an ex parte judgment and decree on 22-2-1991. The appellant being aggrieved, filed an appeal against the aforesaid judgment and decree of the trial Court which has also suffered dismissal by the impugned judgment and decree passed by the lower appellate Court, dated 13-9-1995.