HIRA SINGH Vs. BUDH SINGH

JUDGEMENT

(1.) This is an appeal by defendants Hira Singh and Suraj Singh, the alleged vendees from defendant 3 Ram Ratan. Plaintiffs Budh Singh, Gaya Din and Prabhu Dayal were impleaded as respondents.

(2.) The appeal is directed against judgment and decree dt. 19-2-1974 recorded by Sri B. N. Srivastava, learned 1st Temporary Civil and Sessions Judge, Jhansi who dismissed Civil Appeal No. 57 of 1973 with costs and affirmed the judgment and decree of Sri Jag Mohan Paliwal, learned Munsif, Jhansi dt. 8-1-1973 in Original Suit No. 36 of 1967 by which learned Munsif had decreed the suit holding that plaintiff No. 2 Gaya Din was entitled to get Rs. 667/- from defendant 3 Ram Ratan. Plaintiff 1, viz. Budh Singh shall have a right to obtain registration of impugned sale deed dt. 16-8-1966 executed by defendant 3 Ram Ratan, on payment of Rs. 1334/- by him to defendant 3 Ram Ratan. It was further held that Budh Singh shall be entitled to get possession over the disputed plots from appellants : viz., defendants 1 and 2, Hira Singh and Suraj Singh respectively. It was further held that the sale deed dt. 24-9-1966 executed by Ram Ratan in favour of appellants in this appeal was ineffective, as against the claim of Budh Singh.

(3.) It appears that plaintiffs, who were Gaya Din and Prabhu Dayal, own brothers and Budh Singh, filed a suit for relief ordering defendant 3 Ram Ratan to get the sale deed executed by him in favour of plaintiffs registered in the office of Sub-Registrar, Moth. A relief for injunction was further sought restraining the defendants from interfering with the crops standing over the plots in dispute covered by the sale deed executed in their favour on 16-8-1966 by defendant 3 Ram Ratan for a sum of Rs: 2000/-. It was further averred that plaintiffs were placed in possession over the disputed holding also but the obstruction was occasioned by the executing of the subsequent sale deed in favour of appellants in this appeal by defendant 3, Ram Ratan.