BHAWARSINGH Vs. KISHAN LAL

JUDGEMENT

(1.) THIS is defendants second appeal under section 100 CPC against the judgment of reversal.

(2.) PLAINTIFF respondent filed suit for declaration of title and for permanent injunction in respect of 33.58 acres of land situated in village Bakot in the district of Sehore. Civil Judge, Class II, Nasarullaganj by judgment and decree dated 28.9.1981 passed in C.S. No. 4-A/80 dismissed the suit. Plaintiff aggrieved by the same, preferred appeal and the Second Additional District Judge, Sehore by judgment and decree dated 31.10.1988 passed in C.A. No. 46-A/87 allowed the appeal and decreed the plaintiff's suit. Defendants being aggrieved by the same have preferred this appeal. By order dated 14.3.1989 appeal has been admitted on the following substantial questions of law :

(3.) ACCORDING to the plaintiff the land described in the plaint belonged to his father who during his life time was in possession of the same. According to the plaintiff his father Lakkhu died in the year 1938 when he was three months old and he is the sole heir of his father. According to the plaintiff after the death of his father entire land was recorded in his name in the revenue records as owner and Munnibai for about five years remained his guardian. It is the stand of the plaintiff that thereafter his mother performed marriage in the form of Natra and handed over the entire land standing in the name of the plaintiff's father, to his relations Hariram and Ramnarayan predecessor-in-interest of the defendants and stated that after the plaintiff attained majority, the lands be handed over to him, to which they agreed. Case of the plaintiff further is that his mother has left him alone, he went to his grand-father (Nana's) place where he was brought up.