This is plaintiff's appeal. He lost in both the Courts below.

The plaintiff filed a suit for declaration and permanent injunction. Parties are agreed that dispute is with regard to Survey No. 181 only. The case of the plaintiff was that he was owner of this Survey number and claims that a Patta was executed by his father Shyamlal in his favour.

The defendants contested the suit. Their plea was that in fact Shyamlal, father of the plaintiff had executed a Patta in favour of Chhutta, who is now represented by his legal representatives. According to him, the Patt.1 was given on 26th April, 1947, i.e. Samvat year 2004.

The Courts below came to the conclusion that the story put forward by the plaintiff that a Patta was executed by his father in his favour is not correct. While dealing with this aspect of the case the reasoning given was that Ex. P-11 was never acted upon. It was reasoned that had Patta been in existence then this should have been reflected in revenue-records. This did not happen till Samvat year 2007. The conclusion arrived at by the Courts below that story put up by the plaintiff is not correct, was rightly recorded.

The first appellate Court referred to