ADITYA NARAYAN Vs. KESHAR

JUDGEMENT

(1.) THIS is plaintiff's appeal. He lost in both the Courts below.

(2.) THE plaintiff filed a suit for declaration and permanent injunction. Parties are agreed that dispute is with regard to Survey No. 181 only. The case of the plaintiff was that he was owner of this Survey number and claims that a Patta was executed by his father Shyamlal in his favour. The defendants contested the suit. Their plea was that in fact Shyamlal, father of the plaintiff had executed a Patta in favour of Chhutta, who is now represented by his legal representatives. According to him, the Patt.1 was given on 26th April, 1947, i.e. Samvat year 2004.

(3.) THE counsel for the appellant submits that reliance cannot be placed on Ex. D -1 because that does not indicate the survey numbers relating to which Patta was said to have been given. The reasoning given that this omission was deliberate and the purpose behind this was to cast a cloud on the title of Chhutta is sound. Chhutta was an illiterate person. The Courts below have come to a right conclusion that no advantage can be taken from this omission. The Courts below rightly came to a conclusion that Chhutta was given a Patta and he was in possession and was rightly recorded as a Pakka Krishak.