RAJA RAM Vs. MUKHTIAR

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This second appeal has been filed against the judgment and decree dated 23.3.1985 passed by the Vth Additional District Judge, Ghaziabad. arising out of Original Suit No. 43 of 1978, Raja Ram and Ors. v. Mukhtiar and Ors.

(3.) The appellants are alleged to be owners and in possession of part of land of plot No. 821 measuring 7-1/2 Biswas through a sale deed executed by Harchand and Harpat In which the mud, Akhores, Neem trees, hand pump and Koori of the appellants are situated. It was alleged that the defendants have no concern of whatsoever with the disputed land and they wanted to take forcible possession of the said land. It was further case of the appellants that Likhi, father of the defendant No. 3 got executed a forged sale deed dated 15.12.1958 showing execution by Balloo son of Jahangir and in fact Balloo son of Jahangir had already disposed of his share in plot No. 837/2 of 13 biswansi vide sale deed dated 8.7.1958 to one Mavasi son of Ganga Sahai who is owner and in possession of the said land and as such there was no question of selling the said land by subsequent sale deed dated 15.12.1958.