SUKHSEN Vs. KAMTAIYA

JUDGEMENT

(1.) THIS is defendant's appeal against the judgment of reversal by the Appellate Court. This appeal was admitted on 18-3-1991 on following substantial questions of law:-

(2.) FACTS in short of the case are, that the plaintiffs/respondents filed a suit for permanent injunction and in the alternative for possession on the ground that the suit land survey No. 258/1 area 0. 91 of Village Bharola, Tehsil Bandhavgarh belongs to the plaintiffs who are the bhoomiswamis and in possession of the land. In July, 1976 defendants encroached over the western part of the land and damaged crops. Plaintiffs removed the encroachment of defendants from the land. But on 15-11-1977, the defendants forcibly reaped the crop from a part of the land which is shown by words (A), (B), (C), (D) in the plaint. Thereafter again on 27-11-77 defendants tried to dispossess plaintiffs but failed in their attempt. Thereafter defendants are regularly threatening the plaintiff for encroachment hence the suit was filed for the aforesaid reliefs.

(3.) DEFENDANTS contested the suit on the ground that out of area 0. 91 acres of the land, 0. 25 decimal land was purchased by father of defendant Balla Gadariya for a consideration of Rs. 100/- from Joharia (father of plaintiff), and also handed over possession of the land. Since then the defendants are in possession of 0. 25 Decimal land. After the death of Joharia his wife Taiya again borrowed Rs. 90/- from defendants and executed a deed in favour of the defendants. The possession of defendants is in the knowledge of plaintiffs. The defendants have acquired right by way of adverse possession but the plaintiffs with the collusion of Patwari, has got entered their possession over the land. The plaintiffs have also damaged the crop of wheat and gram of defendants which was sown by them. With the aforesaid pleadings, defendants contested the suit.