BAJARIYA BAI Vs. ASHARAM

JUDGEMENT

(1.) DEFENDANT No. 1 has preferred this appeal under section 100 of the Code of Civil Procedure against the judgment of reversal.

(2.) PLAINTIFF -respondents No. 1 to 3 filed suit for recovery of possession and for mesne profit. Civil Judge, Class II, Mandla by judgment and decree dated 19.9.1985 passed in Civil Suit No. 58-A/84 dismissed the suit. Plaintiffs aggrieved by the same preferred appeal and the Ilnd Addl. District Judge, Mandla by Judgment and decree dated 27.9.1988 passed in Civil Appeal No. I5-A/88 allowed the appeal and decreed the suit. It was directed that defendant No. 1 shall handover possession of/6.56 acres of land immediately and she shall pay to the plaintiff mesne profit at the rate of Rs. 100/- per year from 24.8.1978 till the possession is delivered to the plaintiffs. Aggrieved by the same, defendant No. 1 has preferred this appeal. By order dated 28.2.1989, this appeal has been admitted on the following substantial questions of law :

(3.) TRIAL Court on the basis of the pleadings of the parties framed various issues and while answering them held that the plaintiffs father sold the suit land to defendant No. 1 on 15.4.1960 and has delivered its possession to her during his lifetime. It further found that defendant No. 1 is in possession of the suit land continuously for a period of 12 years and thus perfected her title by adverse possession. Accordingly the suit was dismissed. Lower appellate Court, however, on analysis of the evidence reversed the finding of the trial Court on the aforesaid question and held that the finding recorded by the trial Court that defendant No. 1 perfected his title by adverse possession is erroneous.