ALI ASGAR Vs. ABDUL SALIM (DEAD)

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiffs' / appellants' herein second appeal is as under: -

(2.) The plaintiffs filed suit for declaration of title and permanent injunction over the suit land bearing Khasra No.2312/1, area 1.00 acre and Khasra No.2312/2, area 0.30 acre, total area ad-measuring 1.30 acres situated at Village Pendra, Tahsil Pendra Road, District Bilaspur, stating inter alia that the suit land was purchased by them from one Sayra Bi, Wd/o Abdul Hakeem, vide registered sale deed dated 18-5-1990 (Ex.P-7), as Abdul Hakeem had executed a Will in favour of his wife Sayra Bi. But during the pendency of suit, the plaintiffs were dispossessed from the suit premises and therefore the plaint was amended seeking relief of possession also.

(3.) The defendant denied the claim of the plaintiffs stating inter alia that he is the adopted son of Abdul Hakeem and Sayra Bi has not executed sale deed in favour of the plaintiffs and no sale consideration has been passed for transfer of land and the plaintiffs were never in possession of the suit property, as such, the suit deserves to be dismissed.