MANNOOLAL Vs. KUNDANLAL

JUDGEMENT

(1.) THIS second appeal is filed by the defendant against a decision, dated 3rd August 1950, of the Additional District Judge, Sagar, and arises out of a suit filed by the plaintiff -respondent for possession of land. The parties are brothers and they separated in the year 1924 when all villages and lands were divided, The suit relates to Khasra No. 143 of patti No. 1 of village Ronda of which the plaintiff was the Lambardar. The dispute relates to a strip of land, O'10 acres, adjacent to Khasra No. 143 but adjoining to Khasra No, 142 which is sir land of the defendant. Now, it appears that Mahant Kishan Das was an occupancy tenant, in possession of Khasra No. 143. At the settlement the land was recorded in the name of Gopidas, who was succeeded by Mahant Kishan Das in 1941 -42. This Kishan Das surrendered the land to the plaintiff on 27th February 1946 (Ex. P -1).

(2.) THE plaintiff's case is that out of the area of 0.77 acres of Khasra No. 143 the defendant had encroached upon an area of 0.10 acres adjoining his field for the first time in 1933, and in June 1945 he took possession of an additional area of 0.10 acres. The plaintiff therefore claimed to eject him from this area of 0.20 acres as a trespasser.

(3.) THE Civil Judge, class II, Khurai, gave a finding to the effect that the encroachment on 0,10 acres bad been made at the time of the partition of 1924. The plaintiff's suit was therefore dismissed. The first appellate Court reversed this finding and passed a decree for delivery of possession of 0.10 acres of land adjacent to Khasra No. 143 on the east out of the land in possession of the defendant.