BHAGBAT SAHU Vs. KIRTAN SAHU AND ORS.

JUDGEMENT

(1.) DEFENDANT is the Appellant against a revering judgment in a suit for declaration of title, confirmation of possession and in the alternative for recovery of possession. The suit relates to western portion A0.07 decimals of plot no 117 having a total area of A0.47 decimals appertaining to khata No. 25 of village Balibaruan. The case of Plaintiffs is that their grand father purchased this property in 1931 for Rs. 38/ - and was in possession of the same and after him Plaintiffs have been in possession. Defendant falsely claims possession over it and started a Criminal case under Section 145, Code of Criminal Procedure against the Plaintiffs. In that case possession of the Defendant was declared wrongly and hence this suit.

(2.) THE Defendant in the written statement contends that the disputed property was never sold to the grand father of the Plaintiffs. The declaration of possession in the proceeding under Section 145, Code of Criminal Procedure is correct and the Defendant is in possession of the suit property. It is further contended that the Plaintiffs have not been able to prove possession within the statutory period and as such the suit is not maintainable.

(3.) AFTER remand the appellate Court held that the evidence of possession on both sides is not satisfactory though not unworthy of credit and as such the inference of possession can be drawn from title and thus found Plaintiffs' possession to the suit land and passed a decree for recovery of possession. As against this judgment the present Second Appeal has been preferred.