KRIPA SHANKER TEWARI Vs. ADINATH TEWARI AND OTHERS

JUDGEMENT

(1.) This second appeal by the defendants has been filed against the decision decreeing the plaintiffs suit in its entirety. The suit had been dismissed by the trial court but the findings were reversed by the court below.

(2.) The relevant facts for the purposes of the appeal are that the house in dispute is alleged to have been purchased by the plaintiffs under a registered sale deed dated 24th July, 1965 from one Shambhu Charan and his wife Bimla Devi. The defendants on the other hand also claimed to be the purchaser of the same property from Sangram Tewari on 5-7-1954 but the said sale deed was unregistered in spite of the fact that the house had been sold for Rs. 300.00.

(3.) The trial court recorded a finding that although the defendants had no title but he was in possession of the house and, therefore, entitled to take advantage of Sec. 53-A of the Transfer of Property Act. The lower appellate court disagreed although it agreed with so much of the findings of the trial court that the plaintiff, was purchaser of the disputed property under a registered sale deed dated 24-7-1956. Ultimately, the lower appellate court has also decreed the plaintiffs suit for damages in respect of certain demolition allowed to have been caused by the defendants.