SUKLAL Vs. CHHATRAM

JUDGEMENT

(1.) By this second appeal under section 100 of the code of Civil Procedure, 1908, the appellants have challenged legality & propriety of judgment & decree dated 12-8-93 passed by the then Additional Judge, Sakti, Camp at Janjgir, to the Court of District Judge, Bilaspur, in Civil Appeal No. 40-A/88 reversing judgment & decree of dismissal of civil suit for possession of suit property situate at village Meu, Tahsil Janjgir, dated 29-11-86 passed by the Civil Judge Class-II, Janjgir in Civil Suit No. 104A/84. While reversing judgment & decree of the trial Court, learned lower appellate Court decreed the suit for possession of agricultural land bearing Khasra No. 90/4 admeasuring area 2.05 acres.

(2.) Present appeal has been admitted on the following substantial question of law:-

(3.) As per pleadings of the parties, Panchuram - father of plaintiffs Chhatram, Ramsaptah & Kunda and the plaintiffs were joint owners of agricultural land bearing Khasra No. 90/4 area 2.05 acres situate at Village Meu. Registered sale deed of aforesaid land was executed by Panchuram i.e. defendant No. 6 in favor of defendant No. 7 Ramjiwan on 15-11-1975 for a consideration of RS. 1,000/-. Defendant No. 7 Ramjiwan has also executed registered sale deed on 3-5-76 in favor of defendants No. 1 to 5 and received consideration of RS. 1,000/-.