SHYAMA BAI Vs. DHANMAT BAI

JUDGEMENT

(1.) This second appeal preferred by the plaintiffs / appellants herein was admitted for hearing on the following substantial question of law: -

(2.) Four plaintiffs - Smt. Shyama Bai, Shankarlal, Bhagirathi & Smt. Gyan Prabha filed bare suit for permanent injunction simplicitor stating inter alia that they are title-holders of Khasra No.1962/1, area 3.13 acres; Khasra No.1962/2, area 0.50 acre; Khasra No.1957/2, area 3 acres; and Khasra No.1957/1, area 3.23 acres, total 9.86 acres, which they have purchased by registered sale deeds Exs.P-1 to P-4 and came in possession and pursuant to Exs.P-1 to P-4, their names have also been recorded in Exs.P-5 to P-10 which is being interfered with by the defendants as they have no right, title over the suit property, therefore, they be restrained from interfering with their possession which the defendants disputed by filing written statement stating inter alia that the plaintiffs are not title-holders, husband of defendant No.1 & father of defendant No.2 namely Bisahu and Bhoku were title-holders and the property was the joint family property of Ram Sarkar and Bhoku, therefore, Ram Sarkar has no right to transfer the suit land in favour of the plaintiffs and the suit deserves to be dismissed.

(3.) The trial Court upon evaluation of oral and documentary evidence on record decreed the suit which the first appellate Court reversed holding that the plaintiffs are not in actual possession of the suit land against which this second appeal has been preferred in which substantial question of law has been formulated which has been set-out in the opening paragraph of this judgment.