PARMANAND Vs. KAILASH CHAND

JUDGEMENT

(1.) By this second appeal under Section 100 of the Civil Procedure Code, 1908 (in short 'the Code') appellants have challenged the legality and propriety of the judgment and decree dated 16/12/1994 passed by First Additional Judge to the Court of District Judge, Bilaspur in Civil Appeal No. 61-A/1978 partly allowing the appeal against the judgment and decree of suit dated 25/9/1978 passed by First Civil Judge Class-II, Janjgir in Civil Suit No. 2-A/1976 whereby First Civil Judge Class-II, Janjgir has decreed the suit for possession of suit property at Janjgir bearing Khasra No. 3632/1, by allowing the appeal, Lower Appellate Court has dismissed the civil suit filed on behalf of present appellants/plaintiffs.

(2.) Present second appeal has been admitted on following substantial question of law:-

(3.) As per pleadings made in plaint, Khasra No. 3632/1, area 0.10 Acres, situated at village Janjgir was owned by appellants as coparcener, which was purchased by them from one Ramchandra Bhogha vide registered sale deed dated 12/5/1972 for payment of consideration of Rs. 2500/- and obtained possession. After obtaining the possession, they started business of fuel tall and tried to construct some permanent structure thereafter proceedings under Section 145 of the Criminal Procedure Code, 1973 was initiated at the instance of defendant Shankarlal predecessor in-title of respondents No. 1 to 7. During subsistence of stay order, Shankarlal constructed temporary hutment. Defendants had claimed that grandson of Ramchandra Bhogha, Vijay Kumar had executed agreement to sell of aforesaid plot to Shankarlal on payment of consideration of Rs. 2000/- and executed agreement on 10/8/1971. On the aforesaid ground, suit for possession of suit property was filed by plaintiffs. Allegations were made in plaint were denied by Shankarlal and he has specifically pleaded that he is in possession of suit property on the basis of agreement to sell executed by Vijay Kumar grandson of Ramchandra Bhogha with the consent of Ramchandra Bhogha.