BHAGIRATH Vs. SULTAN AND ORS.

JUDGEMENT

(1.) THE present appeal is directed against the concurrent findings of facts whereby the suit of the plaintiff/appellant for declaration that he along with his brother, defendant No. 3, is owner in possession, was dismissed.

(2.) THE suit was based on the ground that the land described as per heading of the suit and as per the site plan attached and the decision of the Gram Panchayat, Niamatpur dated 12.1.1980 had been given in equal shares to the plaintiff and his brother. The defendants No. 1 & 2 had executed sale deed in connection with the "Guwada" was not binding upon him since the vendor Shri Ram, defendant No. 2 was not owner in possession thereof and he had no right to alienate the same. The plaintiff was in possession of the northern side of the said "Guwada" since the time of his forefathers and therefore, he was entitled for the disputed land shown towards the southern side on the dotted line as per the site plan. The plea of adverse possession was also taken to claim the ownership.

(3.) THE trial Court, on the basis of above said pleadings, framed the following issues: