NAND KISHORE Vs. NARAYAN SINGH

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in the appeal preferred by defendants No.1 to 4 are as under: -

(2.) Substantial questions of law are re-framed as under: -

(3.) The original plaintiffs filed a suit for declaration of title and recovery of possession stating inter alia that they have purchased the suit land by registered sale deed dated 08-11-1956 (Ex.P-1) from defendants No.5 to 7 and obtained possession thereafter. It was further pleaded that on the application filed by the plaintiffs under Section 145 of the Code of Criminal Procedure, 1973, the SubDivisional Magistrate, Jashpur Nagar by order dated 20-5-1981 declared that defendants No.1 to 4 will remain in possession which was affirmed by the Sessions Judge, Raigarh in revision. It was pleaded that at the time of mutation of land pursuant to the sale deed Ex.P-1C, the father of defendants No.1 to 4 deceased Daudu Sai was also present and he never opposed and the suit was filed stating that the cause of action arose upon the order of the Sub-Divisional Magistrate.