TARA BEGUM Vs. SUSHILA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties at the admission stage.

(2.) This is one of the defendants' Second appeal arising out of O.S. no.88 of 2000. The suit was decreed by Civil Judge (S.D.) Kannauj on 10.2.2009. Against the said decree appellant/defendant no.4 filed Civil appeal no.17 of 2009 which was dismissed on 24.4.2009 by District Judge Kannauj, hence, this Second appeal.

(3.) Defendant respondent no.5 Rampal was Bhumidhar of agricultural plot no.1522 area 0.5 acre. Rampal sold 335 sq. meter specific portion of the said plot to the plaintiff respondent no.1 through sale deed dated 13.8.1990 and, thereafter, adjoining portion admeasuring 117 sq. meter was also sold on 10.12.1991 by him to the plaintiff (total area 452 sq. meter). Thereafter, through sale deed dated 29.6.1994 Ram Pal sold the entire plot to defendant no. 4/appellant Smt. Tara Begum. Defendants no.1 to 3 were husband and sons of Defendant no.4. Relief claimed in the suit was for permanent prohibitory injunction seeking to restrain the defendants from interfering in the possession of the plaintiff over the area of 452 sq. meter of plot no.1522. The earlier number of the plot was 688/1. During consolidation it was changed to 1522 area 0.56 acre. Defendants 1 to 4 pleaded that Rampal never executed any sale deed in favour of the plaintiff and it appeared that some other person impersonated as Ram Pal. Defendants 1 to 4 also pleaded possession of appellant defendant no.4. Rampal the seller appeared as witness of the plaintiff.