DEV RAJ Vs. SMT. NARVADA DEVI AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred by the Plaintiff against the judgment and decree of the learned District Judge reversing the judgment and decree of the learned trial Court dismissing the suit instituted by the Plaintiffs for declaration that they are exclusive owners in possession of the suit land comprised in Khasra No. 60, measuring 6 -14 -15 Bighas, Khasra No. 153, measuring 2 -13 -4 Bighas, situated in village Fatehpur, Khasra No. 277, measuring 0 -3 -14 Bigha, Khasra Nos. 214, 218, 278, 282 and 301, measuring 3 -0 -10 Bighas, Khasra Nos. 276 and 194, measuring 17 -9 Bighas, Khasra Nos. 3, 12, 319, 320, 326, 327, 329, 331, 342 and 351, measuring 8 -10 -3 Bighas, situated in village Ghiri, Khasra Nos. 262, 295, 347 and 348, measuring 0 -17 -19 Bigha, situated in village Bahot and Khasra No. 133, measuring 156 -0 Sq.meters, situated in village Bari by virtue of adverse possession and the sale deeds executed by Defendant Jiwani in favour of Defendants -Respondents Tara Pati and Rattan Dass are illegal and void. An alternate prayer was made that in case the Plaintiffs have not become owners of the suit land by adverse possession then they being in peaceful possession of the suit land since the year 1950, a decree for permanent injunction may be passed in their favour restraining the Defendants from interfering in the peaceful possession of the Plaintiffs.

(2.) THE facts pleaded by the Plaintiffs are that the Plaintiffs are in continuous hostile and adverse possession of the land since 1950 and are utilizing and appropriating the entire produce from this land. The Defendants do not have any right of ownership to this land. Smt.Jiwani, who was impleaded as Defendant No. 3 in the trial Court, without any right, sold her share in the suit land by sale deeds dated 18.4.1983, 20.4.1983 and 4.6.1983 to Defendants No. 1 and 2, Tara Pati and Rattan Dass. She had no right, title or interest to sell this land.

(3.) ON the issue of re -marriage, issue No. 6 -B, the Court held that Jiwani had re -married which point was proved by the testimonies of PW -7 Plaintiff himself, PW -9 Tilak Chand, PW -10 Mast Ram, PW -11 Devki Nandan and PW -13 Shuk Ram, who had stated that after the death of Kaku, Jiwani had remarried one Thakur, resident of village Kunnu. PW -7, Plaintiff, went to the extent of saying that he attended the Bhoj (feasting) ceremony of this marriage. According to the learned trial Court, the factum of marriage was corroborated by Ex.PW -6/A, copy of the Parivar Register.