NATTHILAL (DEAD) & ANR Vs. VASUDEV & ORS

JUDGEMENT

(1.) This second appeal has been filed by the plaintiffs being aggrieved by judgment and decree dated 25.8.2015 passed by the learned Additional District Judge, Ambah, Distt. Morena, in civil appeal No.2-A/2013 reversing the judgment and decree dated 21.12.12 passed by the learned 1st Civil Judge, Class II, Ambah, Distt. Morena, in civil suit No.34-A/2012.

(2.) The plaintiffs had filed the suit for declaration of title and permanent injunction in relation to the land contained in survey No.1244 measuring 0.41 Are and land contained in survey No.1245 measuring 0.39 Are, total 0.80 Are claiming 2/3rd share in the suit land. Prior to the settlement, this land was contained in survey No.81 measuring 3 Beegha and 17 Biswa.

(3.) It is the case of the plaintiffs that the suit land belongs to their ancestor Bhagwan Singh and after death of Bhagwan Singh, the land should have been divided between his three sons, namely Gendalal, Deviram and Patiram in equal proportion, but after Samvat 2008 name of only Gendalal was recorded by the Patwari which information was not available to either Deviram or Patiram through whom the plaintiffs are claiming and it was alleged that they being successors of Deviram and Patiram are entitled of 1/3rd share each in the suit land, but name of Deviram and Patiram though was recorded in the revenue records Khasra Khatoni from Samvat 2025 to 2052, yet after Samvat 2052 without information to the plaintiffs, defendant No.1 Vasudev and ancestor of defendants No.2 to 7, namely Raghuvir, in collusion with Patwari deleted the names of Deviram and Patiram, and therefore, declaration was sought that plaintiffs are entitled to be declared as Bhumiswami and possessor of 2/3rd share of the suit land situated at village Amlehada. Similar relief in the form of permanent injunction was sought against defendants No.2 to 7 not to interfere in the possession of the plaintiffs and further restrained them from alienating the suit property on the basis of wrong entry either through mortgage, sale, gift etc. and also not to interfere in the possession of the plaintiffs.