GHEESA Vs. MANGALA

JUDGEMENT

(1.) THIS is a civil second appeal under Section 100 CPC, against the judgment and decree of Additional District Judge Alwar affirming the decree passed by the Munsif Thanagaji. The agricultural field as alleged by the defendant of Khasra No. 377 measuring 2 bighas and 7 biswas situated in village Narainpura, out of which 1 bigha 7 biswas was used for cremation ground by the villagers of the village and dhanis is subject matter of litigation. The plaintiff's case was that one bigha land banjar kadim and the other part of 2 bighas and 7 biswas is cremation ground. The sale was made by the biswedar Shetan Singh, Madan, Bane Singh, Ranjeet Singh resident of Kharkhadi Khurd to the appellant and the appellant wanted to cultivate it on 1971 which was objected by the village People. The suit was then brought in representative capacity.

(2.) THE defendant appellant contested the suit and pleaded that the claim of the respondent is absolutely false and the land in question has never been a cremation ground. The defendant case was that on 10 -1 -1952 the appellant purchased the same including other fields.

(3.) AFTER trial the suit was decreed on 4 -8 -1977 and the appeal against it had been dismissed.