JAL DEVI Vs. CHAUDHARY MOHAMMAD MUMTAZ HUSAIN

JUDGEMENT

(1.) THIS second appeal filed under Section 100 is directed against the judgment and decree dated 27th July, 1977 passed by Sri R.B.Srivastava, I Additional District Judge, Barabanki dismissing the Civil Appeal No. 73 of 1976 (Ram Khelawan v. Ch. Mohammad Mumtaz Hussain) confirming the judgment and decree dated 17.5.1975 passed by Sri Rajesh Chandra, III Additional Munsif, Barabanki dismissing the Regular Suit No. 4 of 1975.

(2.) BRIEFLY stated facts are that Ram Khelawan filed Regular Suit No. 4 of 1975 for permanent injunction restraining the defendants from interfering in peaceful possession over plot no. 650 measuring area 4 bighas 3 biswas 3 bishwansi situated in village Zamin Hussainabad, Pargana Subeha, district Barabanki.

(3.) PLAINT case is that defendants agreed to sell part of plot no. 650 for a consideration of Rs. 3000/ - after obtaining Bhumidhari Sanad. Plaintiffs paid Rs. 3000/ - and a receipt was executed by defendant no.2. Possession was also given to plaintiffs. Plaintiffs came in possession over the plot in question. When defendants attempted to harvest the crops standing over the plot in question, the petitioners filed suit for permanent injunction. Defendants did not put appearance in the case, as such suit proceeded ex parte against them.