JAMUNBAI AND OTHERS Vs. GORELAL AND OTHERS

JUDGEMENT

(1.) This second appeal is by defendant Nos. 1, 3, 4 and 5, while defendant No. 2 Baldeo is respondent No. 2 and the Plaintiff Gorelal is respondent No. 1. It arises out of for possession of some agricultural lands on the basis of a suit/ of title as Bhumiswami claimed by the plaintiff Gorelal, Defendant No. 1 Jamunbai is the sister of Gorelal, while defendant Nos. 3, 4, and 5 are transferees of the suit lands from her.

(2.) The suit lands belonged initially to the plaintiff's father Ramlal, who died in or about the year 1942. There is no dispute that on the death of Ramlal and remarriage of his widow Jugabai, a little latter, the plaintiff Gorelal alone became the exclusive owner of the suit lands. The plaintiff contends that he left the village in or about the year 1965, placing his sister, defendant No. 1 Jamunbai in-charge of the cultivation, but defendant No. 1 Jamunbai surreptitiously got her name mutated in the revenue records and sold the suit lands to defendant Nos. 3, 4 and 5. The plaintiff, therefore, claims to recover possession on the ground of his subsisting title, alleging that neither defendant No. 1 Jamnubai nor her vendees had any title to the suit lands.

(3.) The suit was contested by the defendants mainly on the ground that the plaintiff Gorelal had abandoned the suit lands as a result of which the lands vested in the State and thereafter by an order (Ex. D-2) dated 7-1-1969, passed by the Naib-Tahsildar, the suit lands, were granted to defendant No. 1 Jamunbai, who then transferred her title to her vendees.