KISHANSINGH Vs. BHEROON SINGH

JUDGEMENT

(1.) THE suit out of which this appeal arises was instituted by the plaintiff Kishan singh for possession of a plot of land situated in village Sedariya on the ground that the land in question was owned and possessed by the plaintiff and that in november 1959 the possession of the same was given by the plaintiff to the defendant in exchange for a house described in para No. 2 of the plaint, and that the plaintiff paid Rs. 500/- over and above to the defendant, but the defendant returned the amount of Rs. 500/- and refused to hand over possession, of the house belonging to him. In the written statement filed by the defendant, he denied the plaintiff's ownership and possession over the plot in dispute at any point of time and pleaded that the plot in question had been owned and possessed by him since generations and that the story of exchange set up by the plaintiff was all a myth.

(2.) AFTER recording the evidence produced by the parties the Civil Judge. Partabgarh by his judgment dated 29-4-1964 dismissed the plaintiff's suit. His judgment and decree were upheld by the District Judge, Partabgarh on appeal by the plaintiff. Consequently, the plaintiff has come in second appeal to this Court.

(3.) THE only ground on which the plaintiff's claim has been negatived by the learned district Judge is that there is no proof that the plaintiff had included the plot in question in the list of his personal properties filed by him under Section 23 of the rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (which will hereinafter be called 'the Act' ). He held that before the Act came into force the plaintiff-appellant was undoubtedly the owner of the plot in question and was also in possession of the same, but he ceased to be the owner of the suit property after resumption of his Jagir and consequently had no right left in it in November, 1959.