BABU LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Jairam and three others- hereafter collectively called "the plaintiffs" -sued Babu Lal- appellant in this appeal-in the Court of the Munsiff, Koil District Aligarh, for a decree for possession of a strip of land, for removal of a wall and slab of stone and for an injunction restraining the making of certain constructions in the northern wall of the plaintiffs' house. The plaintiffs claimed that Mohini wife of Jairam the first plaintiff had purchased the house occupied by them by sale deed dated August 1, 1932 from the vendor who was also named Mohini, who in her turn had purchased the house by sale deed dated July 25, 1917 from the original owner Kishan Lal.

(2.) Babu Lal who is the son of Kishan Lal pleaded that the vendor Mohini had acquired only a life interest in the house of by the deed under which the property was conveyed to her by Kishan Lal and the plaintiff's precesessor-in-interest had acquired no title under the sale deed dated August 1, 1932. In support of this plea Babu Lal gave evidence at the trial of the suit and tendered in evidence an agreement dated July 25, 1917 purported to be executed by Mohini to whom Kishan Lal had conveyed the house reciting that the sale deed in her favour was without consideration and that the she had only a life interest in the house.

(3.) The Trial Judge held that the agreement relied upon by Babu Lal was "not genuine" and that Mohini predecessor-in-interest of the plaintiffs had under the sale deed dated August 1, 1932 acquired title to the house in dispute and on that footing decree the suit. In appeal to the District Court the finding that the agreement was not genuine was not challenged.