BISANLAL Vs. KISNU

JUDGEMENT

(1.) The appellants/defendants have filed the present appeal challenging the judgment and decree dated 21/04/2017 passed by 1st Additional District Judge, Chhindwara in Civil Appeal No. 200001/2015 thereby affirming the judgment and decree dated 25/11/2014 passed by Civil Judge Class-I, Junnardeo, Distt. Chhindwara in Civil Suit No. 18-A/2014 whereby the suit of the plaintiffs has been decreed and the counter claim of the defendants has been dismissed.

(2.) The plaintiffs/respondents instituted a civil suit for declaration of title, permanent injunction and possession against the defendants in respect of land bearing khasra No. 26/2 having an area of 2.356 hectare situated at Village Aawariya, Tah. Junnardeo, Distt. Chhindwara. It has been averred in the plaint that fore-father of the plaintiffs and defendants namely Bala owned land bearing Khasra No. 7.547 hectare which, after death of Bala, divided between the parties. It is pleaded that in the said land, the plaintiffs obtained the land measuring 2.356 hectare which is Survey No. 26/2 in the revenue record. It is averred that after partition, the parties were doing their agriculture work over their land. It is pleaded that Sadaram co-sharer was residing with the father of the plaintiffs namely Buddu and died issue less and after his death, land of Sadaram was equally divided between Saddu who is father of the defendants No. 1 and 2 and Buddu who is father of plaintiffs. It is further averred that Saddu obtained land of his share measuring area 2.357 hectare which was recorded in the revenue record as Survey No. 26/1 which he possessed. It is also pleaded that defendant No. 1, 6 and 7 by taking the advantages of absence of plaintiff No. 1 as he had gone outside for doing his job, cultivating the disputed land forcefully on which the plaintiffs submitted an application before the Tahsildar, Damua and made demarcation on which it the illegal possession of defendants was found over the disputed land. As the said illegal possession did not remove by the defendants, hence the present suit has been filed by the plaintiff.

(3.) The defendants/appellants appeared and by filing written statement, has denied the plaint allegations, inter-alia, contended that during life time of their father namely Saddu, the name of Saddu was recorded on the disputed land along with plaintiffs and after the death of Saddu, the defendants, being his legal heirs, were cultivating the disputed land. It is also contended that by playing fraud, after the death of Saddu, the plaintiffs did not recorded the name of the defendant in the revenue record with respect to the disputed land. It is further alleged that on 8/1/1988 Saddu executed a registered Will in favour of defendant No. 1. A counter claim was also filed by the defendants with respect to the disputed land. In these premises, it is urged that the suit be dismissed. The trial Court after recording the evidence and framing the issues, has held that the plaintiffs/respondents had succeeded to prove their case, therefore, the trial Court has decreed the suit filed by the plaintiffs/respondents. Against the said judgment and decree the appellants/defendants have preferred the civil appeal before the first appellate Court. The first appellate Court while affirming the finding recorded by the trial Court, has dismissed the civil appeal vide its judgment and decree dated 21/04/2017. Being aggrieved by the said judgment and decree, the appellants/defendants have preferred the present second appeal.