LAWS(MPH)-2013-9-5

SHYAM LAL Vs. BRIJ KUMARI

Decided On September 05, 2013
SHYAM LAL Appellant
V/S
Brij Kumari Respondents

JUDGEMENT

(1.) THE present second appeal under Section 100 of the Code of Civil Procedure is filed by the plaintiff against the judgment of the first appellate court reversing the judgment and decree of the trial Court allowing the suit of the appellant/plaintiff and declaring the plaintiff as Bhumiswami and in possession of the agricultural suit land comprising of 6 Bighas and 12 Biswas bearing Survey Number 1680 and 8 Bighas and 6 Biswas bearing Survey Number 1769 in Village Kanathar, Tahsil Mehgaon, District Bhind and also for making necessary entries in the revenue records in that regard in favour of the plaintiff by canceling the entries made earlier in favour of the defendants.

(2.) THE said claim in the suit was based upon the pleadings that the father of the plaintiff was in possession of the suit land in his capacity as gairmourusi krishak and, therefore ought to be declared as Bhumiswami of the suit land. After the evidence was adduced, the trial Court decreed the suit in favour of the plaintiff declaring the plaintiff to be Bhumiswami of the suit land and also declared him to be entitled for mutation as Bhumiswami in the revenue records.

(3.) THE first appellate Court further found after marshalling of evidence that it is difficult to believe the contention of the plaintiff that they were ignorant about the revenue entries made in favour of the defendants especially when long standing dispute existed between the rival parties and also when Settlement of the suit land was made. The first appellate Court found that there was nothing on record to establish the pleadings of the plaintiff that by an oral agreement, the father of the plaintiff acquired the status of gairmourusi Krishak prior to abolition of Zamindari. It was found that the plaintiff further failed to establish having acquired the status of Pakka Krishak even after abolition of Zamindari.