BABBI YADAV Vs. BHUJBAL

JUDGEMENT

(1.) THIS appeal, under section 100 of the Code of Civil Procedure is preferred by the appellant-plaintiff against the judgment and decree dated 7.10.88, passed by llnd Additional District Judge, Chhatarpur in Civil Appeal No. 15-A of 1988 arising out of judgment and decree dated 31.1.86, passed by Civil Judge, Class II, Nowgaon, Distt. Chhatarpur, in Civil Suit No. 12-A of 1984.

(2.) THE original appellant-plaintiff Babbi Yadav filed Civil Suit No. 12-A of 1984 against the respondents-defendants for declaration of title and possession over the suit lands bearing Khasra No. 183, area 1.04 acres and Khasra No. 214, area 0.98 acre, situate at village Nowgaon, Tahsil Nowgaon, District Chhatarpur. He also claimed damages of Rs. 600/- from the defendant-respondent No. 1 from October, 1983 when he was dispossessed from the suit-lands. The appellant- plaintiff claimed that he had purchased the aforesaid suit-lands for a consideration of Rs. 700/- on 12.5.76 and he was placed in possession thereof on the date of execution of sale-deed. Subsequently, it was discovered that the sale-deed dated 13.6.74 was defective inasmuch as the name of the seller was shown as Bhujbal and whose complete name was Bhujbal alias Ujbak.

(3.) BOTH the Courts below have come to the conclusion that the appellant was not placed in possession of the suit-lands and no consideration was paid to the respondent No. 1, after appreciating the evidence on record, as it stood before them.