PARASRAM Vs. BABULAL

JUDGEMENT

(1.) SHORT facts leading to the appeal are that the plaintiff-appellant instituted a suit for restoration of possession and mesne profit in respect of suit land situated at village Digris, District Khandwa.

(2.) CASE of the plaintiff is that the defendant No. 1 and 2 are real brothers. They got separated quite a long back. Defendant No. 1 owned the land comprised in Survey No. 133/2 whereas the land comprised in Survey Nos. 222,223 was recorded jointly in the names of defendants No. 1 and 2. Area of Survey Nos. 222,223 was 1.89 and 0.18 decimal respectively which came to be in all 2.07 decimal. Out of this, the defendant No. 1 sold the southern portion in area 1.38 decimal to the plaintiff whereas the remaining portion remained with defendant No. 2. Thus, the plaintiff purchased the land comprised in Survey No. 133/2 area 1.50 decimal and southern portion of the remaining 2 survey numbers to the extent of 1.38 decimal in area 222,223 vide registered sale deed dated 8.5.1974 from defendant No. 1 for a consideration of Rs.4500/-. Since the name of defendant No. 2 was also recorded in the revenue papers, his signatures were obtained in the aforesaid registered sale deed. During May to July, 1975, the plaintiff was engaged in medical treatment of his cousin Kanhaiyalal at Indore when the defendant No. 1 forcibly occupied the suit land in the first week of July, 1975. In the light of the aforesaid, the plaintiff prayed for a decree for restoration of possession and mesne profit at the rate of Rs.300/- per month.

(3.) LEARNED trial judge decreed the suit in favour of the plaintiff vide judgment dated 13th of August, 1986 which was challenged before the lower appellate Court under section 96 of Civil Procedure Code.