PODYALA KISTAYA Vs. DARLA CHINKKA & TWO OTHERS

JUDGEMENT

(1.) This second appeal under section 100 C.P.C. has been filed by the plaintiff against the judgment and decree dated 26-11-1980 passed the Second Additional District Judge, Jagdalpur by which he (plaintiff) has been non-suited.

(2.) In short, the appellant-plaintiff brought an action against the respondents-defendants for declaration of title and for permanent injunction. In the alternative he has also claimed possession of the suit land. According to the averments of the plaint Survey No. 22/2 situated at village Timed, ad measuring 6.23 acres, out of which three acres of land was purchased by the plaintiff by registered sale-deed dated 28-6-74 from one Darla Lalu. He also pleaded that by virtue of his possession over the suit land for more than three years, he has perfected his right as Bhumiswami under Sec. 190 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as the 'Code').

(3.) The respondents-defendants denying the averments of the plaint, stated that Darla Lalu had never executed the alleged sale-deed and therefore, he had not parted with the possession of the suit land and at no point of time it was leased out to the plaintiff.