SMT. GEETA DEVI Vs. PAWAN KUMAR

JUDGEMENT

(1.) The present appeal under Sec. 96 of the Code of Civil Procedure, 1908 is preferred by the appellants/defendants against the judgment and decree dtd. 18/5/2018 passed by the II Additional District Judge, Dabra District Gwalior in Civil Suit No.2-A/2013 whereby the suit has been decreed in favour of respondent No.1/plaintiff.

(2.) Precisely stated facts of the case for adjudication are that plaintiff (respondent No.1 herein), namely Pawan Kumar (minor through his mother Smt. Rajkumari) filed a suit for declaration and permanent injunction in respect of agriculture land vide survey No.28/2 min area 0.677 hectare. Reliefs claimed in the suit are as under:

(3.) It was the pleadings of the plaintiff that he is having right, title, ownership, interest and possession over the suit land. Plaintiff was part of Hindu United Family (HUF) in which his grandfather late Ramswaroop Kushwah was the Karta and out of the HUF property, his grandfather purchased the suit property vide registered sale deed dtd. 16/3/2000 in the name of present plaintiff who was minor at the relevant point of time. After purchasing the suit property, name of plaintiff was recorded in the revenue records (Khasra, Khatauni, Bhoo-Adhikar Rin Pustika etc.) and his mother on behalf of plaintiff namely Rajkumari undertook agriculture work. Land was always cultivated by his mother because his father Rajveer Singh was in the habit of consumption of liquor.