BANSHIDHAR SETHIYA Vs. VISHVAMBHAR SINGH (DEAD)

JUDGEMENT

(1.) In this second appeal preferred by the plaintiffs, following substantial questions of law were formulated for determination at the time of hearing of the appeal on admission: -

(2.) The suit property was originally held by Ramdhar. Plaintiff Srinath was the grand-son of Ramdhar. Ramdhar sold the suit property in favour of Vishwambhar and Askaran vide sale deed Ex.P-3 on 14-7- 1960 and said to have given the peaceful possession of entire land except 0.11 hectares in which house and badi of the original plaintiff is situated. On 27-8-1999, the original plaintiff brought suit for declaring the sale deed dated 14/15-7-1960 as null and void and also not binding on him and also for permanent injunction and sought relief that he is in continuous possession of 0.11 hectares of land in which house, badi and well are situated as such, he is in settled possession thereof and therefore defendant No.1 be restrained from interfering with his possession to which defendant No.1 setup a plea that half share of the suit property has been sold by Ramdhar to him as such he has become bhumiswami and sole owner of the said suit property and on demarcation, he came to know that the plaintiff is in possession of 0.11 hectares of land and therefore notice has been given to the plaintiff by the Tahsildar for eviction, therefore, the plaintiff has no right and title over the suit land and the suit be dismissed.

(3.) The trial Court by its judgment and decree dismissed the suit holding that the sale deed dated 14-7-1960 is valid and in accordance with law and the plaintiff has no title over the suit land. The first appellate Court agreed with the reasoning given in the judgment and decree of the trial Court and dismissed the appeal against which this second appeal has been preferred in which substantial questions of law have been formulated which have been set-out in the opening paragraph of this judgment.