NAND RAM JATAV Vs. RAMPRASAD

JUDGEMENT

(1.) THE appellant/plaintiff has filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 18.2.2010 passed by the Court of IVth ADJ, Bhind in Civil Appeal No.33A of 2009, confirming the judgment and decree dated 15.11.2008 passed by the court of 1st Civil Judge, Class I, Lahar District Bhind in Civil Suit No.340A of 2004 whereby, the suit filed by the plaintiff was dismissed holding that the plaintiff has failed to produce any document in support of his contention raised in the suit. In this appeal, the appellant is referred to as "plaintiff" and the respondent no.1 as "defendant'.

(2.) THE facts in brief of the plaint are that the land bearing Survey No.933/1 Total area 1.000 Hectare situated in village Asnet mentioned in para 1 of the plaint (hereinafter would be referred to as the 'disputed land') is of the ownership and in possession of the plaintiff but on the contrary, it is recorded in the name of defendant. The defendant is unmarried and family member of plaintiff being cousin of his Grandfather Baldev. He used to reside with the plaintiff and plaintiff has also repaid the loan of Rs.10,000/ - taken by the defendant in consideration of the same the land could be deemed to have been purchased by the plaintiff but the other family members are inducing him to sell the land in dispute being recorded in his name in revenue papers taking benefit of his old age and deteriorating mental condition. The plaintiff filed a suit for declaration of title and possession and permanent injunction against the defendant.

(3.) The defendant has not filed any written statement in the matter.