BANS RAJ Vs. RAM DEO AND ORS.

JUDGEMENT

(1.) Heard Dr. R. S. Pandey, learned counsel for the petitioner, Shri S. P. Tiwari, learned counsel for the respondent and perused the record.

(2.) Facts in brief of the present case are that the dispute in the present case relates to plot nos.61 area 9 Biswa, 425/2 Area 11 Biswa and 429 area 1 Bigha with total area of 2 Bigha situated in Village Raipur Belwa Dandi Pargana Bidhar Tehsil-Tanda, District-Ambedkar Nagar.

(3.) In the basic year, entry of the said plot was recorded in the name of Bansraj s/o Kalpu as Sirdar. On 06.06.1912, Shri Avadh Behari s/o Jagdev Singh, grand father of the opposite party no.1 had executed a registered mortgage deed of the land in question in favour of the Saheb, grand father of the petitioner and it was also mentioned that the land was already mortgaged with possession on 19.08.1908 through unregistered deed.