NAURANG RAI Vs. GANPAT RAI

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff Naurang Raj against the judgment of the Additional District Judge, Ganganagar, dated 31st July, 1952.

(2.) THE following pedigree table which is disclosed by the plaintiff in his plaint will help in understanding the contentions of the parties in this case : - Sardar Mal Lalchand | | Thandiram (Adopted son Budhram died in 1935 A. D.) Gulabchand | | Budhram (went in Adption to Thandiram) Harpatrai | Nanurang Rai (plaintiff) Bhagwan Ganpat Rai (Deft. 1) Likhma (Deft. 2) THE dispute relates to half share in the estate of Budhram deceased comprising 86 and odd Bighas of land being Khasras Nos. 53, 357, 319, 283 and 229 situate in the "rohi" of Moza Dabri. THE plaintiff's case was that the defendants Ganpat and Likhma had obtained a mutation of the land in question in the revenue records in their own name thereby adversely affecting the rights of the plaintiff who also was the grand-son of Lalchand, uncle of Budhram. THE plaintiff accordingly brought this suit for (1) correction of the mutation entry in the revenue records and for his name to be recorded as the holder of one-half share of Budhram's land and (2) for possession of the half share by petition. THE defendants completely denied the allegations made in the plaint, and it is strange that they did not accept the pedigree table even so far as their relationship with the deceased Budhram was concerned. In their additional pleas, the defendants stated, however, that Budhram had died sometime in 1935 A. D. and that they had been in adverse possession of his share since that date, and, therefore, the plaintiff's suit which was brought on the 8th November, 1948, was barred by limitation.