JAGANNATH Vs. JODHAN

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellants/plaintiffs under Section 100 of the CPC against the impugned judgment and decree passed by the first appellate Court reversing the judgment and decree by which trial Court decreed the suit of the plaintiffs.

(2.) The suit property was originally held by Girdhari who had two sons namely Maalikram and Latel. Maalikram had two sons namely Kaam Singh and Hukum Singh. The two plaintiffs, being the sons of Hukum Singh, filed a suit that they are title-holders of suit property bearing Khasra No. 194/2 area 0.90 decimal marked as xxx xxx xxx in Schedule 'A' appended with the plaint and the sale deed (Ex. P/l) executed by plaintiffs father Hukum Singh along with his brother Sokhilal and his widow Kachrabai in favour of defendants No. 2 0 and 21 is not binding on the plaintiffs and defendants be restrained from interfering with their possession of the suit property in which defendants set up a plea that plaintiffs' father Hukum Singh has already sold the suit property in favour of defendants No. 20 and 21, as such, they are not entitled for declaration of title and permanent injunction.

(3.) Learned trial Court, upon appreciation of oral and documentary evidence on record, decreed the suit holding that plaintiffs are title-holders of Khasra No. 142/2 marked as xxx xxx xxx in Schedule 'A' appended with the plaint against which defendants No. 1 to 19 preferred an appeal wherein the first appellate Court reversed the judgment and decree of the trial Court principally holding that the suit property has already been sold by plaintiff father along with his brother and widow in favour of defendants No. 2 0 and 21 and further holding that plaintiffs are not in possession of the suit property and they have not sought for the consequential relief of possession of the suit property, as such, their suit is barred by proviso to Section 34 of the Specific Relief Act, 1963 against which this second appeal has been preferred by the plaintiffs.