RAMSANEHI Vs. MST. RAJJUWA

JUDGEMENT

(1.) The present appeal is filed under Section 100 (wrongly mentioned under Section 96 in the cause title) of Civil Procedure Code challenging the judgment and decree dated 03.03.2015 passed by the Upper District Judge, Sidhi to the Court of 1st Additional District Judge, Sidhi affirming the judgment and decree dated 08.09.2014 passed by the 4th Civil Judge Class-II dismissing the suit filed by the appellants/plaintiffs for declaration of the entries in the revenue record infavour of the defendant no.1 is null and void and also to grant permanent injunction.

(2.) The brief facts of the case are that the appellants filed a suit for declaration and injunction on the ground that the ancestors of respondent no.1/defendant no.1 had gifted certain property to the ancestors of the appellants/plaintiffs more than 50 years back and according to him the defendant's predecessors had relinquished their rights over the property. He has submitted that the ancestors of the plaintiffs constructed their house on the land gifted by the predecessors of the defendant no.1 and thereafter, they had been enjoying the said property. However, in the revenue records the name of defendant no.1 continued to be recorded in the records of the rights and his name was mutated. The appellant was asserted that they remain in the possession of the suit property since long. Claiming adverse possession the suit was filed.

(3.) Defendant no.1 denied the claim of the plaintiffs and submitted that he is sole Bhumi Swami and possession holder of the said land. He further pleaded that the disputed land was never transferred by his ancestors to the ancestors of the plaintiffs and there was no adverse possession or any relinquishment of right infavour of the plaintiffs. Considering the facts and the records, the trial Court vide judgment and decree dated 08.09.2014 dismissed the suit.