SMT. SAHIDAN Vs. SHRI SHANKAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS second appeal was admitted on 11.10.1984 on the following substantial question of law:

(3.) THIS is plaintiff's second appeal arising out of Original Suit No.34 of 1979 dismissed on 23.12.1980 by Munsif, Robertsganj District, Mirzapur. Against the said decree plaintiff -appellant filed Civil Appeal No. 10 of 1981 which was dismissed by IV Additional District Judge, Mirzapur on 16.3.1983 hence this Second Appeal. The case of the plaintiff -appellant was that Nathu father of the defendant through registered sale deed dated 9.6.1971 sold plot no.177 to the plaintiff which contained a house shown by letters A,B,C,D in the plaint map, however, it was agreed between the seller and the purchaser that Nathu the seller would continue to reside in the house in dispute upto Jeth Pooranwasi (full moon of the month of Jeth 3rd month of Hindi calender) 1971 -72. It was further pleaded that thereafter possession was demanded but father of the defendant showed his inability to deliver possession, similarly after the death of Nathu, defendant was asked to deliver possession however, he also refused to deliver possession. The suit was filed for possession and for permanent injunction restraining the defendant from raising any construction adjoining to the disputed house.