RAMLAKHAN AND ORS. Vs. NARAYAN SINGH AND ORS.

JUDGEMENT

(1.) THIS second appeal has been filed by the appellants who are aggrieved by the order passed in Civil Appeal bearing 29A/05 whereby, the judgment of the Civil Judge Class -II Bhind in Civil Suit No. 44 -A/99 dated 31.3.04 was reversed.

(2.) IN short, it is the case of the appellants that the appellants/plaintiffs are predecessor of Meghsingh who was the original plaintiff and who filed a suit for declaration of title and for removal of the construction over the suit land. He also claimed possession and mesne profit on the allegations that the land part of survey No.277 measuring 17 Biswa exclusively belonged to the plaintiff -Meghsingh. Plaintiff -Meghsingh received that land in partition from his property. It was also recorded in the revenue record. He also got the Bhu Adhikar Pustika, wherein it was recorded by the revenue authority that the land was received by the plaintiff in partition and was recorded as Bhumiswami. It was the case of the appellants that Meghsingh was in service as Security Guard in Rewa he came back on 5.8.1986 and found that in his absence the respondents/defendants have illegally constructed a room on the disputed land and has also kept Chapper. The plaintiff complained about the same alleging that it was unauthorized construction over the land of the appellants.

(3.) THE lower court while holding that the late Meghsingh was owner of the property of survey No.277 denied that the respondents acquired title by way of adverse possession. It was also held that the appellants were entitled to get back the possession and thus the suit was decreed. However, the first appellate Court reversed the findings of the lower Court. It was held by the appellate Court that Meghsingh alone could not have sold the land because it was the joint property. It was also held that since last 20 -25 years, the defendants are in possession and the appellants have no right to get the decree. It is against the aforesaid findings returned by the first appellate court, the present appeal has been filed.