AJABLAL PASWAN Vs. PRAMOD PASWAN

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the appellants as well as the respondents. The suit has been filed for declaration of title by plaintiff no.1 over Schedule I property and by plaintiff nos. 2 and 3 over Schedule II property with further prayer for recovery of possession. The relief has also been sought for declaration that the survey khatian entry in respect of the suit land is not legal and binding on the plaintiffs, with further prayer for permanent injunction against the defendant from interfering in the possession of the plaintiffs over the suit land.

(2.) It is not in dispute that the suit property had been standing in the name of Babulal Paswan. The plaintiffs who are purchasers from Babulal Paswan have claimed that the suit property exclusively belonged to Babulal Paswan whereas the defendants have come out with the case that their father Jagan Paswan acquired the suit land in the name of his younger brother Babulal Paswan out of joint family fund which after partition in the year 1945 had fallen to the share of the defendants and they are coming in possession of the same. The defendants have also claimed acquisition of title over the suit property by adverse possession.

(3.) The trial court, after considering the evidence and submissions of the parties, came to the finding that the sale deeds in favour of the plaintiffs have never been acted upon and the plaintiffs did not acquire title and possession over the suit property by virtue of the two sale deeds. It has also been held by the trial court that the defendants have perfected their title over the suit property by adverse possession and on the basis of these two findings the suit was dismissed