BHAIRA Vs. TORAN LAL

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellants/legal representatives of the defendant is as under:-

(2.) The suit property was originally held by father of plaintiffs No.1 to 3 and husband of plaintiff No.4 Khelan Satnami, which he said to have alienated in favour of defendant No.1- Bhaira (who died during pendency of this second appeal) on 27.4.68 vide Ex. P-D/1B. It is the case of the plaintiffs that the suit property was originally coparcenary property and Khelan Satnami had no right to alienate the said property in favour of defendant No.1-Bhaira in which they are in peacefully possession for last 30 years and acquired the title by way of adverse possession.

(3.) Resisting the suit, defendant No.1 filed his written statement and denied the averments made in the plaint stating inter-alia that it is real sale and he is in possession of the suit land having been purchased by registered sale deed dtd. 27.4.1968 vide Ex.D-1B and his name has duly been mutated in revenue records by the order of the Additional Collector, Balodabazar and sale deed is binding upon the plaintiffs, the plaintiffs are not in possession of the suit land and the suit is barred by limitation, as such, the suit deserves to be dismissed.