RAMKARAN Vs. THAKUR DAYAL

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellants/plaintiffs are as under:-

(2.) The suit property was earlier settled in favour of Jhulan Rajwar. He died issueless leaving his wife Smt.Sonmat. It is the case of the plaintiffs that his wife Sonmat executed a gift deed dated 22.5.62 (Ex.P7) in favour of Rangu Rajwar, plaintiffs predecessorin-title and on strength of said gift deed, they came into possession over the suit land, but the defendant started interfering with their possession leading to filing of the suit for permanent injunction simpliciter.

(3.) Resisting the suit, the defendant filed his written statement and denied the averments made in the plaint stating inter-alia that gift deed (Ex.P-7) alleged to be executed in favour of Rangu Rajwar is forged document. It was further pleaded that Jhulan Rajwar had executed a Will on 5.3.42 in favour of Budhu, as such, the plaintiffs are not entitled for decree of permanent injunction as they are not in possession of the suit land and the defendant has perfected his title by way of adverse possession.