KAMESHWAR PRASAD GUPTA Vs. SAMSUDDIN

JUDGEMENT

(1.) This second appeal preferred under Section 100 of the CPC by the appellants herein / defendants No.1 to 3 was admitted for hearing by formulating the following three substantial questions of law: -

(2.) The suit land bearing Khasra No.189/2, area 1.36 acre and Khasra No.152/6, area 1.00 acre, total area 2.36 acres of land was granted on lease to Shri Abdul Hamid (father of the plaintiffs) by patta (Ex.P4) by the revenue officer for a period of five years which he is said to have transferred in favour of Ramjanam Ram father of the defendants vide sale deed dated 26-11-1975 (Ex.P-6) and said to have delivered peaceful possession to the father of the defendants (Ramjanam Ram). Thereafter, only on 25-7-2003, Abdul Hamid instituted a suit that the sale deed dated 26-11-1975 be declared as ineffective, void, as he never executed any such sale deed Ex.P-6 in favour of Ramjanam Ram and it is absolute fabricated document and he (original plaintiff) be granted decree for possession in his favour; during the pendency of suit, he died and his legal representatives were brought on record.

(3.) Defendants No.1 to 3 / legal representatives of Ramjanam Ram filed their joint written statement stating inter alia that their father purchased the suit land from the plaintiff vide sale deed dated 26-11- 1975 and since then they are in possession after getting their names recorded in the revenue record and in cultivating possession of the suit land, as such, the plaintiff has no right and title over the suit land. By way of additional statement, an additional ground that the suit is barred by limitation as it was filed after 28 years, was specifically raised.