DURGA PRASAD Vs. CHAMELI DEVI

JUDGEMENT

(1.) This is second appeal under Section 100 of Code of Civil Procedure against the judgment and decree dated 9.9.1986 in Civil Appeal No. 45 of 1970 passed by IInd Addl. Civil Judge, Sultanpur dismissing the appeal against the judgment and decree dated 28.2.1970 in Regular Suit No. 209 of 1963 passed by Munsif, South, Sultanpur dismissing the suit.

(2.) I have heard Shri S.K. Mehrotra for the plaintiffs-appellants and Shri P.N. Mathur for the defendants-respondents. Plaintiffs' case

(3.) The plaintiffs-appellants filed a suit for possession against Dargahi predecessor of the respondents and his sons alleging therein that Ramanand original owner of the house in dispute executed a sale deed dated 12.9.1919 selling the above house for Rs. 2,000 to Sitaram predecessor of the plaintiff and Bhagwan Das predecessor of the defendants who were real brothers. The sale deed was registered on 18.10.1919 and possession of the house was delivered after sale. Bhagwan Das and Sitaram had half share each in the house. Bhagwan Das sold his half share in the house to Sitaram for Rs. 1,000 by registered sale deed dated 19.2.1920 and delivered the possession of his share to Sitaram and since then Sitaram has been the owner of the entire house. It is alleged that in 1926, Sitaram reconstructed the house. The defendant No. 1, Dargahi (deceased) came to occupy the portion of the disputed house as a licensee of the plaintiffs in 1955. Plaintiffs revoked the above licence vide notice dated 24.4.1963 but the defendant did not vacate it. Defendants' case