SURENDRA KUMAR Vs. DEEPA AND OTHERS

JUDGEMENT

(1.) By this judgment S.A. no. 103/1996 and S.A. no. 104/1996 are being decided. These appeals have been filed against the common judgment dated 17.11.1995 passed in C.S. No. 40-A/93 and C.S. no. 37- A/93.

(2.) The trial Court by the common judgment dated 30.6.1993 had dismissed the C.S. no. 37-A/82 filed by Amri Bai and others and decreed C.S. No. 70-A/82 filed by Surendra Kumar. The first Appellate Court by the judgment dated 17.11.1995 has reversed the judgment of the trial Court and has decreed the suit of Amri Bai by allowing the Appeal of Amri Bai and others and Deepa. Hence, in both these Second Appeal Surendra Kumar has challenged the judgment of the Court below.

(3.) Respondent Amri Bai had filed the C.S. no. 37-A/82 with the plea that suit properties were purchased by Goma, the ancestors of the respondent about 37 years back from Indermal, the father of the appellant Surendra, for consideration of Rupees Ninety and had received the possession. Since the time of Goma the respondents are in possession thereof. Earlier the appellant had filed the suit for declaration and possession being C.S. No. 5/70A which was dismissed on 7.4.1974, but thereafter on 6.3.1982, the appellant had tried to interfere in the possession and on obtaining the copies of the Khasra entries, it was found that the appellant had got his name recorded whereas the respondents were in peaceful possession of the land since last 37 years. It was further pleaded that respondents had also perfected their title by way of adverse possession.