DURGA SINGH Vs. NAND LAL

JUDGEMENT

(1.) This Second appeal is directed against the judgment and decree of the learned District Judge, Rampur Bushahr dated 9.6.2000.

(2.) It appears, property subject matter of dispute (khasra No. 419) along with other properties was owned and possessed by one Gopi Chand, who died in the year 1979. The properties were inherited by his four sons, namely Nand Lal (plaintiff), Brij Lal, Durga Singh and Vidya Singh along with two sons of his pre -deceased brother Hira Lal, namely Shivdhian Singh and Ramayan Singh. The plaintiff, thus have l/5th share in the aforesaid properties.

(3.) Case of plaintiff Nand Lal was that in the partition which took place in the year 1990, Khasra No. 419 fell in his share. The mutation of this partition was attested on 30.9.1990. The possession of this particular land was given to him on 9.5.1991. Defendants, Durga Singh and his wife Uma Pati, forcibly dispossessed the plaintiff from a portion of khasra No. 419, described in the plaint as Khasra No. 419/1 measuring 0 -01 -92 hectares. The plaintiff filed a suit for possession of this land on the basis of title. The suit was resisted by the defendants on several grounds. It was denied that this particular land fell in the share of plaintiff in partition. It was claimed that mutation of partition attested in favour of the plaintiff on 30.9.1990 was wrong, illegal and void. It was also denied that they took forcible possession of khasra No. 419 in May, 1997, as claimed by the plaintiff. Defendants also set up title by way of adverse possession. Learned trial Court found that this particular land was allotted to the plaintiff in partition and the possession whereof was also delivered to the plaintiff, as claimed by him.