CHHABI BAGH Vs. SAILA BAGH (DEAD) & OTHERS

JUDGEMENT

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

(2.) Pitambara Bagh, predecessor-in-interest of the respondents, as plaintiff instituted a suit for permanent injunction. Case of the plaintiffs was that the suit land is their ancestral property. Defendant having no semblance of right, title and interest over the same created disturbance.

(3.) Defendant entered contest and filed a written statement pleading, inter alia, that after death of Bhima Bagh, plaintiff no.1 became the karta of the family. He alienated the suit land on 21.3.1974 to the defendant by means of an unregistered sale deed for a consideration of Rs.230/-. Possession of the land was delivered to him. He is in possession of the suit land peacefully, continuously and with hostile animus to the plaintiffs since the date of purchase and as such, perfected title by way of adverse possession. In the consolidation operation, his note of possession has been recorded.