VISHWANATH Vs. SHIVNATH

JUDGEMENT

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

(2.) It is the case of the plaintiffs that their father late Shri Kashi Prasad Soni has purchased the suit land i.e. 50 decimal, which is part of Khasra No.729/11 area 0.405 hectare as shown in map attached with the plaint stating inter-alia that defendant No.2 started claiming the said land necessitating the filing of the suit for declaration of title, confirmation of possession and permanent injunction stating inter-alia that their father late Shri Kashi Prasad Soni has purchased the suit land by registered sale deed dated 19.10.1965 from Lakhraj Kumari, which they have inherited and they are in possession of the suit land and the defendants have no right and title over the suit land.

(3.) Resisting the suit, defendant No.2 filed his written statement stating inter-alia that defendant No.1 is owner and title-holder of Khasra No.729/13 area 0.605 hectare which he has purchased by registered sale deed in the year 1991 and he is in possession over the suit land. He has already got his land demarcated and the plaintiffs are not in possession of the suit land. They have no title over the suit land.