SHANKAR LAL Vs. LALLU LAL

JUDGEMENT

(1.) The appellants have filed this appeal being aggrieved by the judgment and decree dated 24.1.1997 passed by the Additional District Judge, Umaria, District Shahdol in First Appeal No.7-A/95 by which he has reversed the judgment and decree dated 29.04.1995 passed by the Civil Judge Class-II, Umaria, in Civil Suit No.41-A/1991, dismissing the suit filed by the respondent/plaintiffs.

(2.) The brief facts, leading to the filing of the present appeal, are that the respondent/plaintiffs had filed a suit for declaration of title, possession, permanent injunction and mesne profit in respect of Khasra No.2148, area 2.37 decimal of village Chilhari, Tehsil Bandhavgarh, District Shahdol, on the ground that they had become the owner of the said land on account of an Exchange Deed executed between their father and defendant no.1 who is the present appellant and is now represented through his legal representatives. The trial court dismissed the suit filed by the respondent/plaintiffs by recording a finding to the effect that the Exchange Deed, Exhibit P-1, was unregistered and therefore did not confer any right or title on the respondent/plaintiffs and that they have failed to establish that they were in possession of Khasra No.2148. The First Appellate Court, by the impugned judgment and decree, has set aside the judgment of the trial court by recording a finding to the effect that Exhibit P-1, the alleged Exchange Deed was 30 years old and, therefore, had to be believed and that there was ambiguity between the evidence of the parties regarding possession and in such circumstances has allowed the appeal.

(3.) The appeal, filed by the appellants, was admitted by this Court on the following substantial questions of law:-