BISHUN TELI Vs. BHUPAT TELI

JUDGEMENT

(1.) Plaintiffs are appellants. One Churo Teli, recorded tenant had five sons. On partition among them, the suit plot No. 4171, area 5 decimals came in khas possession of Bhairo Teli, who left behind three sons, Hiraman, Sukar and Bishun, plaintiff No. 1. Hiraman died leaving behind his son, defendant No. 1 and Sukar left behind his sons, defendant Nos. 2 and 3. Bishun along with his wife and son filed Title Suit No. 67 of 1974 for declaration of title, confirmation of possession or in alternative for recovery of possession over the suit land, if found dispossessed during pendency of the suit.

(2.) Plaintiffs claimed partition by metes and bounds among three branches by Panchayati and allotment of suit land to them. A compound wall was constructed by them on the southern side of the plot in question. Plaintiff No. 1 transferred it to his wife, plaintiff No. 2 by registered sale-deed Ext. 1.

(3.) According to defendants 1 to 3 partition took place in the year 1950, wherein only Bishun separated and suit plot was allotted to Hiraman and Sukar jointly. Plaintiffs never came in possession of the suit land and defendants possession was also declared over it in a proceedings under Section 145 of the Code of Criminal Procedure, Ext. A. They also claimed acquisition of title by adverse possession.