VINAY KUMAR Vs. YASEEN MOHAMMAD

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff/appellant challenging the judgment and decree dtd. 11/4/1997 passed by Additional District Judge, Khurai, District Sagar in Civil Appeal No.14-A/1991 affirming the judgment and decree dtd. 26/3/1991 passed by 3rd Civil Judge Class-II, Khurai in Civil Suit No.15-A/1990, whereby appellant/plaintiff's suit for declaration of title and recovery of possession has been dismissed.

(2.) Short facts of the case are that the plaintiff, claiming himself to be Bhoomiswami/owner of land Khasra No.412/3-Ka area 0.46 acre situated at Khurai, District Sagar, instituted a suit for declaration of title and recovery of possession with the averments that the defendant has, who is owner of adjacent land Khasra No.412/3-Ja, encroached upon the plaintiff's land over an area 50'x 70' shown from red color and marked in the plaint as A-B-C-D, regarding which a compromise decree was also passed on 7/8/1965 (decree drawn on 1/9/1965) in Civil Suit No.14-A/1965 whereby the plaintiff was held to be owner of the suit land. By way of amendment it is alleged in the plaint that after passing of the compromise decree on 7/8/1965 the plaintiff was put in possession of the suit land, but in the month of October'1977 the defendant took possession again. With these averments the suit was filed on 19/6/1980.

(3.) Upon service of summons, the defendant appeared and filed written statement denying the plaint allegations and also denied the fact of encroachment with the submissions that he is in possession of the land Khasra No.412/3-Ja, which he purchased from Mst. Pyari Bahu, and is in possession since then and also claimed title on the basis of adverse possession.