SADHO SINGH ALIAS SADO SINGH Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) The defendants first party are the appellants. The plaintiffs had filed the suit for the declaration of title and recovery of possession with mesne profits. The plaintiffs claimed the suit land by virtue of a purchase through a registered sale deed dated 11th January, 1960 (vide Ext. 1) executed by one Mossamat Jhapno. Defendants first party also claimed the suit land as bataidar and on the basis of having acquired the right therein, being in possession over the same for more than twelve years, as settled raiyat of the village.

(2.) the trial court found the case of the defendants first party as having been proved and found that in view of the right acquired by the defendants first party over the suit land as settled raiyats being in possession for more than twelve years and thereby held that the defendants first party were exempted from being ejected therefrom which eventually resulted in the dismissal of the suit.

(3.) The lower appellate court reversed the finding regarding defendant no. 1 being a bataidar. It also held that the defendants first party had neither made a specific case in the pleading as to the date of having come in possession as a bataidars nor was evidence to that effect led in the court at the trial stage. The lower appellate court further held that the only case of defendants first party was that they were cultivating the suit land from the life time of Mossamat Dayawati, the mother of the last male-holder in the family, namely, Pratap Singh. Dayawati died sometime in the year 1956