SUGIYA DEVI Vs. KAILASH YADAV

JUDGEMENT

(1.) Heard learned Senior Counsels for the parties.

(2.) This Court while admitting this appeal for hearing on 13.08.1991 ordered that the appeal would be heard on the following substantial question of law;

(3.) The plaintiff-appellant had brought Title Suit No. 34 of 1977 for declaration of title and confirmation of possession as well as for recovery of possession in the event of dispossession from Schedule 1 land of the plaint, against the defendant-respondents. The case and claim of the plaintiff was that survey recorded tenant Mahar Gope died leaving behind his son Jiwan Gope. Subsequently, Jiwan Gope died leaving behind his widow Sundari Devi and only daughter Perwa Devi. Later on, Sundari Devi died leaving behind her daughter Perwa Devi, the sole plaintiff of the suit and appellant herein. The plaintiff-appellant came in possession of the suit land. She was mutated in the government records and was paying the rent and getting the receipt. Later on, the defendants in collusion with the revenue authorities got their name mutated in respect of the suit land which caused threat to the title of the appellant.