SUSHILA DEVI Vs. NAHAR SINGH

JUDGEMENT

(1.) THIS second appeal is preferred against the judgement dated 7.7.2000 passed by 1st Additional District Judge, Firozabad in Civil Appeal No.27 of 1992 setting aside the judgement and decree dated 29.10.1991 passed by 1st Additional Munsif, Shikohabad in Original Suit No.98 of 1986.

(2.) THE brief facts, which give rise to this appeal are that the plaintiffs -appellants (hereinafter called as the "appellants") preferred Original Suit No.98 of 1986 for the recovery of Rs.2600/ - as cost of half share of crops. As per the allegations made in the plaint, the agricultural plot no.147 and 174 decimal 2 -32 and 271 belongs to jointly one Smt. Ram Shree and defendant Nahar Singh having half share each. Smt. Ram Shree transferred the half share vide a sale deed dated 10.6.1985 in favour of appellants and also delivered possession over the half share, and thereafter, the appellants alongwith respondents sown and nurtured the crops over the disputed field and when the crops riped, the defendants refused to give half share of the crops to the appellants, and therefore, the appellants filed this suit for recovery of Rs.2600/ - as cost of half share of their crops.

(3.) THE respondents have filed written statement and denied all the allegations and stated that no sale deed was executed by Smt. Ram Shree in favour of the appellants and the sale deed is a forged document.