ADHIKARIMAYUM BRAJMOHAN SARMA Vs. HEIKRUJAM TOMBI SINGH AND OTHERS

JUDGEMENT

(1.) THIS is an appeal by the contesting defendant No. 1 Adhikarimayum Brapamohon Sarma, against the judgment and decree of the Additional District Judge Manipur in C. A. No. 17/70/17/70 dated 11 -1 -1971 by which he decreed the plaintiff's suit reversing the decree of the trial Court.

(2.) THE plaintiff's case was that late R. K. Chandrahas Singh, father of pro forma defendant No. 5 was the original owner of the suit land. He allowed late Ramnath Sarma the father of defendants Nos. 1 and 2 to live in the suit land as its Manager on condition of delivering half of the produce of the land. Ramnath Sarma used to give half of the crop of the land every year to late R. K. Chandrahas Singh, and after his death which took place about 35 years ago to his son pro forma defendant No. 5 After the death of Ramnath Sarma which took place about 25 years ago his sons Brajamohon Sarma, defendant No. 1 and Bangsidhari Sarma also used to give half share of the crop raised on the land, every year, to the pro forma defendant No. 5 till 1955. Since 1956 they have refused to pay such share to the pro forma defendant No. 5. At this pro forma defendant No. 5 asked them to vacate the land, but to no effect. Thereafter, the pro forma defendant No. 5 sold the suit land to the plaintiff on 23 -4 -1956 for a consideration of Rs. 800/ - under a registered sale deed. When the plaintiff went to take possession over the land, it is alleged, defendant Nos. 1 to 4 who are in possession of the land, did not allow him to do so and denied his title. Under the circumstances the plaintiff filed the suit for declaration of his title to the suit land and for recovery of possession by evicting the defendants therefrom.

(3.) UPON the pleadings, as many as, 13 Issues were framed including the following issues which were issues Nos - 5, 10 11 and 12 respectively: