JAGDEV SINGH Vs. HAJARILAL

JUDGEMENT

(1.) A Suit being Original Suit No. 126 of 1969 was filed by the plaintiffs Chandrapal, Sabhajeet and Tarbabu for the relief that the defendants no. 1 to 5 be dispossessed and the plaintiffs be given the possession of the property in question. A further prayer has been made that for the period the defendants no. 1 to 5 had remained in possession, they be directed to pay Rs.25.00 per month as damages to the plaintiffs. Still further a prayer was made that since the house in which the defendants Jagdev, Chandradeep Singh, Saheb Lal Singh, Ram Swaroop Singh and Ramraj Singh were staying was sold to the plaintiffs by the defendants no. 7 to 10, the plaintiffs were to be declared the owners of the property in question from which they were wrongly out of possession due to proceedings under Sec. 145 of C.P.C.

(2.) The defendants no. 1 to 5 came up with a case in their written statement that in fact the defendant no. 6 Lalta Prasad on 15/1/1968 had sold the house in question to them and, therefore, they were the rightful owners and were in possession over the house in question.

(3.) The Suit was dismissed with regard to possession over the house in question and with regard to the relief that possession be handed over to the plaintiffs but was decreed to the extent that the defendants no. 7 and 8 were ordered to pay back Rs.700.00 to the plaintiffs and the defendants no. 9 and 10 were ordered to pay to the plaintiffs Rs.2,000.00. The defendants no. 7 and 8, who were aggrieved by the fact that their sale deeds had been declared bad in law and that they were required to return Rs.700.00, filed a First Appeal being First Appeal No. 47 of 1977. This appeal was filed against the plaintiffs. The First Appellate Court, despite the fact that the plaintiffs had not filed any appeal, decreed the Suit. It held that since the sale deed by which Hazari Lal and Shantu Lal had sold their 1/3rd portion of the property to the plaintiffs and also the sale deed dtd. 16/1/1968 by which Ram Deen and Ram Ashrey had sold their 2/3rd portion of the house in question to the plaintiffs were found to be valid sale deeds, the suit was to be decreed in toto. Further the plaintiffs were also directed to take possession of the house in question over which the defendants no. 1 to 5 were alleged to be in possession. The defendants no. 1 to 4 Jagdev, Chandrapal Singh, Saheb Lal Singh and Ram Swaroop have filed the instant Second Appeal.