MATARNIYA W/O DHARAMPAL Vs. GANGA PRASAD

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this defendants' second appeal is as under: ­

(2.) The plaintiffs filed a suit stating inter ­alia that the suit property situated at village Banja bearing Khasra No. 1337 area 0. 478 hectare was bargahi land (service land) and acquired by his father late Rameshwar Lal. It was further pleaded that during his lifetime Rameshwar Lal partitioned his entire land vide partition deed dated 28. 12. 1959 (Ex. P ­1), by virtue of which, the suit land known as "dhokibahra land" (bargahi land) fell in share of plaintiff ­Ganga Prasad, but defendant No. 1 ­Ganesh Lal got a patta of the suit land in his name in the year 1985 and sold the suit land to defendant No. 11 ­ Matraniya by sale deed dated 23. 3. 1987, who started interfering with the possession of the plaintiffs which necessitated the suit for declaration of title and possession.

(3.) Defendants No. 3, 4, 10 and 11 filed their joint written statement and denied the averments made in the plaint, but admitted the fact that family partition dated 28. 12. 1959 was effected and pleaded that the suit land was not included in family partition and the suit land was acquired by original defendant No. 1 ­Ganeshlal by grant of patta and Ganesh Lal sold the suit land to defendant No. 11.