MOHANLAL Vs. KAMLESH

JUDGEMENT

(1.) Heard on admission.

(2.) By this second appeal u/S.100 of the CPC, the defendant in the suit has challenged the concurrent judgments of the two courts below. Trial court by the judgment dated 31/10/2015 had decreed the suit filed by the respondent plaintiff and the first appellate court by the judgment dated 5th July, 2019 by dismissing the appeal has affirmed the judgment of the trial court.

(3.) The plaintiff had filed the suit for declaration of title and possession with the plea that he was the owner in possession of the suit land and he had not sold or transfer the suit land to anyone and on 7/10/2011 when he had approached the patvari for obtaining the copies of khasra entries he had come to know that the appellant had fraudulently got his name mutated in respect of the suit land. The further plea was raised that on 31/10/2011, the appellant had sown crop on the suit land forcibly, therefore, after giving the notice the present suit was filed.