JUGESHWAR Vs. SHEOPUJAN

JUDGEMENT

(1.) This is plaintiffs' appeal against the judgment of affirmance. It arises out of a suit for declaration of title and recovery of possession of Schedule 1 land of the plaint as well as for mesne profits and permanent injunction.

(2.) The appellants claimed the suit land as their ancestral property recorded as kasht land in favour of their ancestor in the cadastral survey khatian. The lands are near river Banas and are frequently visited by floods. Some time in 1969 they were dispossessed. Hence they have instituted the suit. They deny that the suit lands were even auction sold. Defendants Nos.1, 5, 6, 7, 8, 9, 10 and 11 filed written statement and denied the title of the plaintiffs as well as the story of dispossession. According to them, the suit lands were mortgaged which was followed by mortgage execution cases and they were auction purchased by them followed by sale certificates and delivery of possession. In their written statement they claimed the lands set out in Schedules 1 to 5. Schedules 1 to 4 are stated to have been acquired by sale certificates which are Exhibits I series. So far as Schedule 5 land is concerned, it was claimed by adverse possession. After the death of defendant No.1, defendant No.2, his widow, filed another written statement with five schedules giving out the current plot numbers. It has been stated that Schedules 1 to 4 were acquired through sale certificates whereas Schedule 5 by adverse possession.

(3.) These are all the facts which are necessary for determination of the questions raised before me.