VISHNU SHARAN Vs. AJUDDHIBAI

JUDGEMENT

(1.) The defendants have preferred this appeal against judgment and decree passed by appellate Court affirming the judgment and decree of learned trial Court decreeing the suit of the plaintiffs for declaration, injunction and possession.

(2.) Original plaintiff is Sangram Singh whose legal representatives are respondent Nos. 1 to 7. Sangram Singh filed a suit on the basis of title that he is the Bhumiswami of Survey No. 56 area 40 Bighas of Village Muhasa, Tah. Pichhore. According to him, out of 40 Bighas an area 5.16 acres is the disputed land. According to the plaintiff on 3-8-1968, the defendants by removing mound (merh) between survey Nos. 56 and 57 took possession of the disputed land, hence, present suit has been filed.

(3.) The defendants by filing their written statement denied the plaint averments. It has been specifically denied by them that plaintiff is the Bhumiswami of Survey No. 56, they also pleaded that the plaintiff has not specifically pleaded the source of his title. Other averments pleaded in the plaint have also been denied. Learned trial Court after framing issues and recording evidence of the parties, decreed the suit. The appeal which was preferred, has been dismissed by the impugned judgment and decree, hence, this second appeal.