LRS. OF RAMA Vs. LRS. OF GANESH MAL

JUDGEMENT

(1.) Pitched against the concurrent judgments and decrees of Courts below, the defendants are before this Court in the present second appeal filed under Section 100 C.P.C. in suit for possession filed by the plaintiffs.

(2.) The first appellate Court by its judgment and decree dated 6.11.2007 upheld the judgment and decree of the learned trial Court dated 5.2.2003 whereby the learned trial Court decreed the suit of the plaintiff Ganesh Mal represented through his LRs. Chand Mal etc. and held that the suit property, namely, plot No.97 was situated in Araji Khasra No.123/5 at Ganesh Marg, Sumerpur, belonging to the plaintiffs.

(3.) While deciding issue No.1, 3 and 4 jointly, the learned trial Court elaborately discussing the evidence documentary as well as oral held that the defendant Rama had forcibly possessed the land of the plaintiffs situated at khasra No.123/5. Various statements of P.W.1 Chandan Mal, P.W.2 Ratan Lal, P.w.3 Mangal, P.W.4 Mangi Lal and P.W.5 Ashrar Khan, Inspector of the Revenue Department were discussed in detail by the learned trial Court before arriving at the aforesaid findings. The learned trial Court also found that on comparison of para No.5 of the written statement of the defendant as well as statement of D.W.1 Pratap Chand, it was clear that the defendant had stated in his statement recorded on 5.3.2002 before the learned trial Court that he had not read his written statement before signing it and therefore, he could not state that neighbourhood given in the sale-deed Ex.5 was wrong. In fact in para 5 of the written statement, it was stated by the defendant that Gopal S/O Bhimaji had sold on 26.6.1973 the property in favour of the defendant No.2 at the instance of defendant No.1 and in the said sale-deed Ex.5, in the neighbourhood shown in the said sale-deed, on the western side of the suit land, the defendant had purchased land from Gopal S/O Bhimaji on 26.6.1973. Thus, the Court arrived at the finding that the defendants were in illegal possession of the suit land situated in khasra No.123/5.