KANIRAM Vs. PRAHLAD

JUDGEMENT

(1.) The appellant (since dead now represented through L.R's) (hereinafter referred as "plaintiff") has filed the present second appeal being aggrieved by the against the judgement dated 11.07.2000, passed in Civil Appeal No.6- A/2000 whereby judgment and decree dated 31.07.1999 passed by the Second Civil Judge, Class-II, Dewas in C.S. No. 93A/97 in his favour has been set-aside and suit has been partially dismissed.

(2.) The appellant/plaintiff filed the suit for declaration and permanent injunction. The plaintiff is adopted son of Late Gopalji. Late Padam Singh is biological father of plaintiff, defendant No.1 &2 . According to the plaintiff he is owner of agricultural land of survey no. 57 area 1.48 hect and survey No. 89 area .028 hect of Gram:

(3.) After notice, the defendants filed their written statement by submitting that they are the real brothers of the plaintiff. Before settlement suit land was in possession of their father Padam Singh and thereafter with the mutual consent, he partitioned the property between the plaintiff and the defendants and the aforesaid suit land came into their share and their possession since last 25 years was in the knowledge of plaintiff and despite that he never objected. The plaintiff himself has agreed that he would agree for recording the name of defendants in revenue records but their names were recorded only for Survey No. 39. In support of their defence they filed the copy of Kishtbandi khatoni of the year 1994-95 Khasra Panchshala of the year 1997-98 and according to the defendants, they have become the owner by virtue of adverse possession.