LAISHOM NINGTHEMJAO SINGH Vs. KHUNDRAKPAM SHANTI SINGH

JUDGEMENT

(1.) This appeal is directed against the concurrent findings of the Court below dismissing the suit filed by the deceased plaintiff Laishom Ningthemjao, who is the father of the appellants 1 to 7 against Khundrakpam Shanti and the deceased Khundrakpam Satrajit Singh (defendants 1 and 2) for declaration of the title of the deceased plaintiff and for permanent injunction restraining the defendants, their men and agents from entering into the suit land and from interfering with the peaceful possession and enjoyment of the suit land.

(2.) For the sake of convenience, the parties are referred to as original plaintiff and the defendants.

(3.) Brief facts are that some time in the year 1953, the original plaintiff proposed the second defendant, who is the father of the first defendant, to allow him to run a motor-mechanical workshop in the suit B schedule land and the proposal of the original plaintiff was accepted by the second defendant, thereby the original plaintiff started running a mechanical workshop in the suit land on payment of rent. In the year 1986, the second defendant proposed to sell the suit B schedule and the original plaintiff accepted the proposal made by the second defendant. Accordingly, the original plaintiff purchased the suit B schedule from the second defendant for a consideration of Rs.35,000/- by executing a registered sale deed dated 29.12.1986, which was registered on 30.12.1986. On the basis of the registered sale deed, the name of the original plaintiff had been entered in the relevant land records and a separate jamabandi patta was also prepared in respect of the suit B schedule. The original plaintiff physically possessed and occupied the suit B schedule since 1953 and continued after his purchase and run the motor mechanic workshop.