SACHCHIDANAND PANDEY Vs. RAM PHAR SINGH

JUDGEMENT

(1.) This is a second appeal by the defendant/appellant against the judgment and decree dated 15-11-J.979 passed by the District Judge, Sultanpur upholding the judgment and decree dated 14-5-1977 passed by 2nd Addl. Munsif Sultanpur in Suit No. 277 of 1975, decreeing the respondent's suit for injunction and possession by demolition. This Second Appeal has been admitted on the following substantial question of law at the time of admission after hearing the appellant:

(2.) According to the facts of the case, the plaintiff/respondents filed the suit for injunction and possession by demolition before the Additional Munsif Sultanpur in the year 1975. In the said suit a decree for injunction and possession after demolition was pro granted in favour of the plaintiffs after consideration of the entire evidence. Against this judgment and order an appeal was preferred before the District Judge, Sultanpur. The said Appeal No. 235 of 1977 was dismissed after hearing both the parties.

(3.) Plaintiffs/respondents claimed their right over the land in dispute on the basis of the sale deed executed by the defendant/ appellant in favour of the plaintiffs/respondents on 22-7-1952. In this case the vendor had sold the land after depositing the ten times annual land revenue for taking Bhumidhari Sanad on 21-7-1952. On the next day after depositing the required amount, the sale deed in question was executed. But after the sale deed was executed, the defendant/appellant had taken back ten times rent which was deposited by him for getting Sanad of Bhumidhari. Thereafter, on 21-4-1975 the defendant/Appellant again deposited twenty times rent and obtained the Bhumidhari Sanad. During the period from 22-7-1952 to 21-4-1975 the (sic) injunction and possession and claimed benefit of Section 43 of Transfer of Property Act treating themselves to be Bhumidhar of the land in dispute on the basis of the sale deed dated 22-7-1952. The trial Court framed several issues and two relevant issues were :whether the plaintiffs were Bhumidhar of the land in dispute on the basis of sale deed dated 22-7-1952 and whether the plaintiffs were entitled to the benefit of Section 43 of the Transfer of the Property Act. Both these issues were decided in favour of the plaintiffs. During the First Appeal, the appellate Court also framed 5 issues and the relevant two issues were whether the defendant/appellant was prejudiced for want of proper issues and whether the plaintiffs had acquired title over the disputed land on the basis of the sale deed dated 22-7-1952.