DEVI SINGH Vs. KHAN MOHAMMAD

JUDGEMENT

(1.) WITH consent, matter is heard finally.

(2.) THIS appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (for brevity 'CPC') at the instance of defendants No. 1 and 2, is directed against judgment and decree dated 29.10.2007 passed by Additional Judge to the Court of First Additional District Judge, Khurai District Sagar in Civil Appeal No. 19 -A/2007. The appeal, in turn, was against judgment and decree dated 24.9.2005 passed by Civil Judge Class I Khurai in Civil Suit No. 17 -A/97, dismissing the suit for possession, mesne profits and permanent injunction.

(3.) THE defendants contested the claim contending inter alia that Thakur Harvanshi was the original owner of the suit land, that on 15.6.1957, defendant no. 1's brother Damru had purchased the suit land from the power of attorney holder of Thakur Harvanshi by a registered sale deed and had obtained its possession. That, upon death of Damru, defendant no. 1 became owner of the suit land and has been in its possession ever since. That, originally the suit land was part of Khasra No. 955 and was subsequently renumbered as Khasra No. 539 and that in ceiling proceedings against Harvanshi, the sale deed in favour of defendant's brother has been upheld. Responding to amendment in the plaint, it was stated that plaintiff had illegally got his name mutated over suit land and that the land of the plaintiff is different than the defendants.