RAMA RIYU GAULI Vs. SHEIK MATIN SHEIKH USMAN

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 10/5/1991 passed by 1st Additional Judge to the District Judge, Chhindwara in Civil Appeal No. 14-A/87 whereby the judgment and decree passed by the trial Court in Civil Suit No. 5-A/84 has been reversed and set aside, the plaintiff/ appellant has preferred the second appeal under Section 100, CPC.

(2.) THE plaintiff filed a suit for possession and mesne profits in respect to certain lands, the description whereof has been mentioned in the plaint. According to plaintiff, he is the owner of Khasra No. 212/1, area 0. 06 acre situated in Mouza Damua. The defendant forcibly dispossessed him from the suit land without any right in the month of March, 1973 and also demolished the small house belonging to the plaintiff. The defendant also constructed a house on the suit land in spite of the protest of the plaintiff. Thus, it was prayed by the plaintiff that the suit be decreed and possession of suit land be delivered to him by demolishing the structure illegally constructed by the defendant The plaintiff also prayed for damages Rs. 10,800/ -.

(3.) THE defendant by filing written statement refuted the averments made in the plaint. It has been denied in the written stated that the plaintiff is the owner of the disputed land. His title and interest on the suit land was also denied. It was further denied that in the month of March, 1973 the defendant demolished the small house belonging to the plaintiff and forcibly took possession of the suit land. It has been further pleaded that the defendant constructed the house some time in the year 1969 within the knowledge and consent of the plaintiff to which he never took any objection. In special plea, it has been pleaded by the defendant that he validly bought the land bearing Khasra No. 212/4 from the plaintiff for a consideration of Rs. 700/- in the year 1968. Since the date of purchase of the land, the defendant is continuing in possession of the suit property openly, therefore, he acquired night, title and interest in the land legally. In para-17 of the written statement a plea of limitation has also been raised and it has been pleaded that the suit is barred by time as defendant purchased the land in the year 1968 and thereafter in the year 1969 he constructed a house over it and, thus, the suit which was filed on 15/10/1983 is barred by prescribed period of limitation.