PANDU HO Vs. MANDI BEWA AND ORS.

JUDGEMENT

(1.) PLAINTIFF is the Appellant against a reversing judgment.

(2.) WHILE admitting the Second Appeal, ground Nos. 1 and 3 of the memorandum of appeal were formulated to raise substantial questions of law to be decided in the second appeal. They read as follows:

(3.) CASE of the Plaintiff is that Sriram Ho his father died when Plaintiff was a minor for which his mother was looking after the properties. She was residing in village Lota 150 miles away from village Jamposi where the suit land is situated. She entrusted the land to one Budan Ho of village Jamposi on the understanding that Budan would remain incharge of the land cultivate the same, enjoy the usufruct and pay rent to the State. He was to return back the disputed land when required. Sometimes after entrustment, Budan Ho died leaving behind his minor son Muku (d. w. 4). Muku with his properties including the disputed properties incharge of Budan Ho were taken care by Mansingh Ho father of Defendant No. 2 who continued to possess the disputed lands and enjoy the usufructs on payment of rent. Defendant No. 2 who was Pleader's clerk in Karanjia Court managed to get the disputed land recorded in name of Mansingh Ho his father in mutation case No. 436 of 1960 -61 of which Plaintiff had no notice. In 1972, Plaintiff and his mother came to village Jamposhi. Coming to know of the death of Budan she claimed back the suit land from Muku. There was panchayati where Mansingh was present. As per the settlement Plaintiff's mother took back possession of the land and started agricultural operation. Thereafter dispute relating to possession of the disputed land arose in August, 1972 for which a proceeding under Section 145, Code of Criminal Procedure was initiated to be finalised in favour of the Defendants.