BAHADUR SINGH Vs. BUNTY SINGH

JUDGEMENT

(1.) This Second Appeal, under Sec. 100 of CPC, has been filed against the judgment and decree dtd. 24/1/2022 passed by Additional Judge to the Court of First Additional District Judge, Gohad, District Bhind (M.P.) in RCA No.24/2017 as well as judgment and decree dtd. 24/3/2017 (wrongly mentioned in the judgment as 24/03/2016) passed by III Civil Judge Class II, Gohad, District Bhind (M.P.) in Civil Suit No.94A/2015 by which the suit filed by appellant for declaration that respondent No.1 Banti Singh @ Nihal Singh has died a civil death has been dismissed.

(2.) Facts necessary for disposal of present appeal, in short, are that appellant preferred a civil suit claiming that cousin brother of plaintiff was Rambharosi Kaurav. Banti @ Nihal Singh was the solitary legal representative of Rambharosi Kaurav. Cousin brother of appellant, namely, Rambharosi expired in the year 1986. Wife of defendant No.1 died during the lifetime of defendant No.1. Defendant No.1 was issueless and he was solitary legal representative of his father. Defendant No.1 was of loose character and he was in the habit of consuming liquor and gambling. Defendant No.1 has approximately 25 Bighas of land in village Kanchanpur, Pargana Gohad. On 10/1/2002, defendant No.1 executed an agreement to sell after receiving complete consideration amount and possession of land was also given to plaintiff. It was pleaded that since thereafter appellant is in possession of the land in dispute. It was further pleaded that on 1/1/2005 defendant No.1 left the village and now his whereabouts are not known and accordingly it has to be presumed that defendant No.1 has died a civil death. It was claimed that plaintiff is also legal representative of defendant no.1. When plaintiff went to get his name mutated in the revenue records then it was suggested to him to obtain decree of declaration that defendant No.1 has died a civil death. Accordingly, suit was filed.

(3.) The trial court after recording evidence dismissed the suit by holding that appellant has failed to prove that defendant No.1- Banti @ Nihal Singh has died a civil death. Being aggrieved by the said judgment and decree passed by trial court appellant preferred an appeal which too has been dismissed by judgment and decree dtd. 24/1/2022 passed by Additional Judge to the Court of First Additional District Judge, Gohad, District Bhind (M.P.).