BARKAI Vs. MAHMOOD KHAN

JUDGEMENT

(1.) Heard Shri U. S. Sahai, learned counsel for the appellants and perused the record.

(2.) Facts in brief of the present case are that the plaintiffs-respondents filed a suit for demolition of structures and also for possession over the land in dispute recorded as abadi plot no.3545 in which there is a dilapidated house over the land on the ground that the same has been purchased from Baleshwar who is tenure-holder, by way of sale deed dated 14.10.1965.

(3.) In the plaint, the plaintiffs had pleaded that the house has fallen down and the defendants have dispossessed the plaintiffs and raised structures and hence the suit for demolition and possession. Accordingly, the suit was registered having Regular Suit No.462 of 1996. Thereafter, the trial court by judgment and order dated 24.04.1971 has decreed the suit for possession in respect of the land in dispute. In this regard, both the courts below have given a concurrent finding which is based on the material on record.