KALI Vs. RAMADHAR

JUDGEMENT

(1.) BEING aggrieved by the judgment -decree dated 3.7.1989, passed by II, ADJ, Rewa in C.A. No. 22 -A/82, reversing the judgment -decree dated 29.9.1981, passed by IV Civil Judge Class II, Rewa in C.S. No. 123 -A/80, defendant -appellants have preferred this appeal U/S 100 CPC.

(2.) THE appeal has been heard on the following substantial questions of law :

(3.) BEING aggrieved, the plaintiff -respondents filed C.A. No. 22 -A/82 before the II ADJ, Rewa. The Court below accepted the unregistered sale deed and receipt of payment (Exhibit P -3 and P -4), duly executed by Late Pyare and on the basis, plaintiff -respondent Ramadhar was in continuous possession of the suit land. Accordingly, allowing the appeal C.A. No. 22 -A/82, the judgment -decree in C.S. No. 123 -A/80 passed by Civil Judge, dismissing the suit has been set aside. Instead the suit for declaration and injunction has been decreed. It is contended that the Court below erred in accepting the unregistered sale deed (Exhibit P -3) in evidence to prove the title of the plaintiff -respondent Ramadhar and the finding that he remained in possession of the suit land continuously from the date of execution of Exhibit P -3 till date is perverse. It is admitted that Late Pyare was the recorded owner of suit land Khasra No. 1001 area 1.75 acres, village Amiliha. As per Khatauni (Exhibit P -l), it was separately recorded in his name. PW 1 Ramadhar has stated that the suit land was sold by Late Pyare to him for a sum of Rs. 70/ - and an unregistered sale deed (Exhibit P -3) was executed. The receipt of payment of Rs. 70/ - (Exhibit P -4) was separately executed by him in his favour. PW 2 Tirath Prasad is the scribe of aforesaid documents Exhibit P -3, Exhibit P -4. This witness has stated that the suit land has been sold by Late Pyare to plaintiff -respondent PW 1 Ramadhar. PW 3 Sukhdev Prasad is the attesting witness of exhibit P -3 and exhibit P -4. This witness also has stated that the aforesaid documents were executed by Late Ram Pyare and the suit land has been sold to the plaintiff -respondent PW 1 Ramadhar. PW 4 Bhamar and PW 5 Surajpal Kotwar have stated that PW 1 Ramadhar remained in continuous possession of the suit land since the date of sale by Late Rampyare. As against this, DW 1 Shankar Prasad, son of Late Ram Nikhare, DW 2 Bharat, DW 3 Mathura, DW 4 Ramkrishna have stated that Late Ram Pyare remained in exclusive possession of the suit land till his death in the year 1953. Thereafter defendant Late Ram Nihore was in its possession.