JANAKA KUAR AND ANOTHER Vs. NABIN CHANDRA NAIK

JUDGEMENT

(1.) This is a defendants' appeal against reversing judgment.

(2.) Plaintiff-Respondent instituted the suit for declaration of right, title, interest and recovery of possession, in the event he has been dispossessed during pendency of the suit. The case of the plaintiff was that he purchased Ac.0.36 dec. of land appertaining to Hamid Settlement Plot No. 682 from the father of the defendants by means of an unregistered sale deed on 20.01.1964 for a consideration of Rs.100/-. He had also purchased plot no.549 measuring Ac.0.43 dec. and plot no. 551 measuring Ac.0.31 dec. for a consideration of Rs.2,000/- by means of an unregistered sale deed on 04.05.1964 from the father of the defendants. After sale, possession of land was duly delivered to him. The suit lands had been mutated in his name in Mutation Case No. 387/70. In the M.S. R.O.R., the suit land has been recorded in his name. The defendants, who have no semblance of right, title and interest over the suit land, trespassed into the suit land. With this factual scenario, he instituted the suit seeking the relief mentioned supra.

(3.) The defendants entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendants was that their father had not alienated the suit land to the father of the plaintiff. Plaintiff was not in possession of the suit land at any point of time. The specific case of the defendants was that they are members of the scheduled tribe. The father of the plaintiff is a nonscheduled tribe. Any transaction was void ab initio due to want of permission from the competent authority.