BRAHASPATI Vs. ROHANI PRASAD

JUDGEMENT

(1.) Being aggrieved by the order dated 15.07.2016 passed by the First Additional District Judge, Sidhi in Civil Appeal No.7-A/2012. This appeal has been filed by the defendants under Order 43 Rule 1 of the Code of Civil Procedure, whereby the appeal preferred by the respondent No.1/plaintiff has been remanded back with the direction to the Court below to frame issues regarding subject matter and also give an opportunity to the parties to prove the documents and thereafter to pass final order in accordance with law.

(2.) The respondents filed a suit for declaration, possession and permanent injunction with regard to the land situated at various Khasra numbers ad-measuring about 4.35 hectare in Village Tarka, Tehsil Sihawal District Sidhi, on the basis of the partition took place in the year 1972. It was pleaded that the suit property belonged to Rewa Estate and in possession of father of plaintiff No.1 Triveni Ram and grand-father of defendant No.1 Lolar Ram. The appellant No.1 in connivance with revenue officer got his name mutated in the revenue record and this fact came to the knowledge of respondents/plaintiffs on 07.01.2008. Thereafter, the respondents filed a suit for the aforementioned relief.

(3.) The appellants/defendants in their written statement denied the claim of the plaintiffs. They stated that the land was belonging to the State and in the auction Lalar Ram and one Vanshdhari purchased the suit in equal parts. The appellants claim that the aforesaid partition deed is fabricated and false. The relief has been claimed by the plaintiffs/ respondents after a lapse of 18 years and therefore, the suit filed by the respondents is time barred. Hence, the respondents have prayed to dismiss the suit.