SUSHILA SINGH Vs. MAWASI

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant assailing the judgment and decree passed by the First Appellate Court decreeing the suit of the plaintiffs, who are respondent Nos. 1 to 4 here in this appeal.

(2.) IN brief the suit of the plaintiffs is that they are Bhumiswamis of the suit land. Earlier their father Vasai Ahir was the Bhumiswami. The suit land is situated in Khasra No. 143 area 0. 672 arey. In 0. 016 arey there was a hut comprising of two rooms of the plaintiffs in which Vasai lived and after his death the plaintiffs were residing. The rest portion of the land is being cultivated by them. Defendant Dadau without any authority and right sold the disputed land to defendant No. 2 Sushila Singh by a registered sale-deed. Thereafter on 9-2-1979 the husband of the defendant No. 2 along with Dadau came and inserted his lock. Thus a suit for cancellation of sale-deed executed by Dadau in favour of the defendant No. 2 and for recovery of possession was filed in the Trial Court. During the course of trial the hut, since it was in dilapidated condition, fell down and now there is no structure on any part of the disputed land.

(3.) THE defendant Nos. 1 and 2 filed their separate written statements and denied the plaint averments. According to them the suit land was owned by one Rudra Prasad Sharma, who on 25-12-1944 sold it to Dadau for a consideration of Rs. 36/ -. Thereafter Dadau built two rooms and also planted the trees of guava. According to defendants since the date of sale, Dadau is in possession of land in question. By order dated 14-9-1967 passed by Revenue Court Dadau became Bhumiswami and eventually he sold the suit property to defendant No. 2 for a consideration of Rs. 1,000/ -. It has been pleaded that the plaintiffs never remained in possession.