GAYA PRASAD Vs. PRADUMN PRASAD

JUDGEMENT

(1.) The appellants/plaintiffs have filed this appeal under section 100 of Civil Procedure Code being aggrieved by the judgment and decree dated 2-7-2003 passed by 1st Additional District Judge to the Court 1st Additional Court Judge, Rewa in Civil Regular Appeal No. 102-A/02, whereby the judgment and decree dated 23-1-1995 passed by 3rd Civil Judge Class-II Rewa in Civil Original Suit No. 57-A/93 dismissing the suit for declaration and perpetual injunction filed by Brajbhan the predecessor in title of the appellants against the respondents with respect of the property bearing Survey No. 71, 72 total areas 0.47 acre situated at Mahajan Tola Rewa has been affirmed with some modification by granting limited perpetual injunction in favour of the appellants.

(2.) The facts giving rise to this appeal in short are that above mentioned Brajbhan the predecessor in title of the appellants filed the above mentioned suit against the respondents contending that above mentioned property was initially owned by late Lalla Ram and Chintamani under the right of Bhoomiswami, from whom before 40-45 years ago he purchased the same in consideration of Rs. 40/-and thereafter constructed a temporary residential house on it and since then Brajbhan the predecessor in title of the appellants and after his death the appellants are coming in possession of the same as owner of it and thereby they have perfected their right on it by adverse possession. The name of Brajbhan is also recorded in the record of local authority the Municipal Corporation, Rewa. In the year 1991 Brajbhan was collecting the documents to construct a new house on such land on which he came to know that the Patta of such land is still recorded in the name of Lallaram and Chintamani and the respondent No. 1 Pradumn Prasad son of said Lallaram by taking advantage of such entry of the record of rights initiated a proceeding in the month of September, 1992 before the Tahsildar for his mutation on the aforesaid land, on which late Brajbhan under the apprehension that he may be dispossessed from such property by the respondents filed the impugned suit for declaration and perpetual injunction declaring him to be the Bhoomiswami of such land and restraining the respondents from interfering in his possession of the same.

(3.) In the written statement of the respondents the averments of the plaint are denied. In additional it is stated that the disputed land along with the house is the property of their ownership, as they have inherited the same from their father Lallaram and uncle Chintamani and accordingly they are coming in possession of the same. The family of defendant No. 3 is residing in such house since long. It is also stated that Brajbhan being servant of their family the disputed premises was given to him for looking after the property and was never sold to him. In such premises no right or title has been acquired or perfected by Brajbhan, the predecessor in title of the appellants and prayer for dismissal of the suit is made.