HADIBANDHU HO Vs. LUCHIA HO

JUDGEMENT

(1.) The plaintiffs, who have been unsuccessful before the courts below, filed the suit for declaration of title, confirmation or in the alternative recovery of possession and for grant of mandatory injunction restraining the defendants from going upon the suit property.

(2.) Their case was that their father Matai was the owner of plots Nos. 395 and 425 in village Ghulghulia. Not being capable of cultivating his entire land, he got the suit land cultivated through Randa, the deceased father of defendants 1 and 2. In April, 1975, when he went with Ms labourers for conducting agricultural operation, the defendants obstructed and threatened with evil conseq uences. So an application under Section 145 Cr. P. C. was filed. Since the proceeding was protracted, the suit was filed. The plea of the defendants was that the property was sold orally to Randa their father, for a consideration of Rs. 90/ about 30 years back and possession was delivered to him. After the death of their father, they were in peaceful enjoyment of the property and paying rent therefor.

(3.) The findings of the courts below are that the plaintiffs have failed to establish that the possession of the defendants was permissive and the defendants have been able to establish their case or oral sale in favour of Randa by Matai.