KUNJ BEHARI AND ANR. Vs. SRIPAL SINGH

JUDGEMENT

(1.) This a Plaintiffs' second appeal against the dismissal of their suit by both the courts below.

(2.) Kunj Behari and Ram Swarup Appellants filed a suit against Sripal Singh, Respondent, for possession over plots Nos. 155 and 429/2 in village Kahmariya Mahariya of district Sitapur alleging themselves to be Sirdars of the two plots. They further alleged that the Respondent had no right and had taken illegal possession of the plots in suit in November, 1954 in collusion, with the village Patwari. The Appellants also claimed Rs. 100/ - as damages for illegal possession and a permanent injunction restraining the Respondent from interfering with the Plaintiffs possession over the plots in suit. The following pedigree was given in defence by the Respondent:

(3.) It was alleged that Mahabir Singh obtained a decree for redemption against the Appellants and obtained possession of the plots in suit in execution thereof in 1947. The Respondent further alleged that since the death of Mahabir Singh he continued in possession of the plots in suit and that the Appellants had no right or title to them. It was further pleaded that the Appellants were not in possession, that the suit was time -barred and that they had not suffered any damage.