KOUSHALYA BAI Vs. RADHA

JUDGEMENT

(1.) FEELING aggrieved by the impugned judgment and decree passed by First Appellate Court reversing judgment of Trial Court and decreeing the suit of plaintiffs, the defendants have preferred this second appeal under Section 100, CPC.

(2.) THE plaintiffs filed suit for declaration of Bhumiswami right and injunction in regard to certain agricultural land which is the subject-matter of the suit.

(3.) IN brief the suit of plaintiff is that he entered into an agreement with the owner of suit land Surajbali on 27-12-1953 and thereafter on paying Rs. 300/- towards consideration, obtained possession of the disputed land. A document in that regard was also executed by Surajbali in favour of plaintiff. Since the document was not registered, therefore the status of plaintiff became as of a trespasser, but, according to him, by adverse possession, he had acquired Bhumiswami right on the suit land. Since defendants gave threat to dispossess the plaintiff, hence present suit for declaration of Bhumiswami right and injunction was filed.