PRABHUDAYAL @ PRABHUDAYAL Vs. DECD BHAGCHAND THRU LRS PUSHPABAI

JUDGEMENT

(1.) Both the above appeals are arising out of judgment and decree dated 21.12.2010, passed in Civil Suit No.35- A/2009 (Rajendra Vs. Bhagchand & Others) and Civil Suit No.36-A/2009 (Prabhudyal Vs. Bhagchand and others), by which both the suits have been dismissed and said dismissal have been affirmed by the additional district judge by common judgment dated 31.01.2015, passed in Civil Appeal No.35A/2013 (Rajendra Vs. Bhagchand) and Civil Appeal No.27A/13 (Prabhudyal Vs. Bhagchand and others),

(2.) Facts of the case, in short, are as under:

(3.) The suit land was under the ownership of Durga Prasad who died on 15.09.1964. Thereafter, it was inherited by his son Badri Prasad. That during life time shri Durga Prasad gave the suit land to Kaluram for cultivation as Shikmi Krushak. That Kaluram died in the year 1966. After the death of Kaluram, his four sons Bhagchand, Prabhudayal, Jagannath & Devchand continued into the possession. That Badri Prasad filed being owner filed an application before the Sub-Divisional Magistrate claiming possession of the suit land from all four brothers i.e. Bhagchand, Prabhudayal, Jagannath & Devchand.