AKHAI SINGH Vs. KAILASH NARAYAN & ORS

JUDGEMENT

(1.) This second appeal has been filed by defendant No.1 being aggrieved by judgment and decree dated 11.2.2009 passed by Second Additional District Judge (Fast Track Court) Ganj Basoda, Distt. Vidisha in regular Civil Appeal No.95- A/2006 (Akhai Singh Vs. Kailash Narayan & Ors.) preferred against the judgment and decree dated 19.12.2005 passed by the 3rd Civil Judge, Class II, Ganj Basoda, Distt. Vidisha in Civil Suit No.39-A/2002 (Kailash Narayan & Ors. Vs. Akhai Singh & Anr.).

(2.) The brief facts leading to the present appeal are that plaintiffs Kailash Narayan and others had filed a civil suit for return of possession and mesne profits in relation to land contained in Survey No.88, 46, 61, 103, 119 measuring 13 Beegha and 16 Biswa at village Moniyakhedi, Tahsil Ganj Basoda, Distt. Vidisha which they had purchased vide registered sale-deed dated 6.7.1967 and in relation to which mutation was carried out in the revenue records. The plaintiffs had submitted that alongwith the sale-deed they were put in possession of the suit land, but it was encroached upon by defendant No.1 on or around 15.7.1772. It is also not disputed that defendant No.1 Akhai Singh had filed a suit No.35-A/76 for cancellation of saledeed dated 6.7.1967 which was dismissed for want of evidence.

(3.) Learned trial Court had decreed the suit filed by Kailashnarayan and others and has held that defendant No.1 Akhai Singh failed to prove any title over the suit land. The suit was decreed and it was directed that defendant No.1 shall hand over the possession of the suit land in favour of the plaintiffs and shall also pay mesne profits at the rate of Rs.500/- per year till the date of handing over the possession.