JAGAT RAM Vs. MANSA BAI

JUDGEMENT

(1.) THIS is plaintiff's second appeal under section 100 of the Code of Civil Procedure against the judgment of reversal.

(2.) PLAINTIFF filed the suit for declaration of title and for possession in relation to a house situated over Khasra No. 352/11 having an area 0.008 hectare situated at village Darogamuda in the district of Raigarh. First Civil Judge, Class II, Raigarh by judgment and decree dated 21.6.1988 passed in Civil Suit No. 220-A/86 decreed the suit. Defendants aggrieved by the same preferred appeal and the District Judge, Raigarh by judgment and decree dated 29.11.1988 passed in Civil Appeal No. 31-A/88 allowed the appeal and dismissed the plaintiff's suit. Plaintiff being aggrieved by the same has preferred this appeal. By order dated 28.8.1989 appeal has been admitted on the following substantial questions of law :

(3.) ACCORDING to the plaintiff by registered sale-deed dated 27.1.1975 he had purchased the suit property from Khedu Rawat and his widow Nanki for a consideration of Rs. 200/- and allowed his brother to stay in the same. It is the assertion of the plaintiff that on 16.3.1985 while his brother had gone out side the village, defendants broke the lock and forcibly took possession of the suit property. It is the assertion of the plaintiff that when his brother returned to the village, he informed to the plaintiff and accordingly a report was lodged to the police on 16.4.1985. It is the stand of the plaintiff that Sub-Divisional Officer by misinterpreting the orders has directed for recording of the names of the defendants in the revenue record and accordingly necessity to file the suit arose.