SHANKER SINGH Vs. CHUNNU YADAV

JUDGEMENT

(1.) SUNIL Ambwani, J. In this plaintiffs second appeal arising out of O. S. No. 95 of 1989 for possession of the disputed house and the land appurtenant thereof, the suit was decreed on 16-11- 1991. The Civil Appeal No. 95 of 1989 filed by defendants was allowed by the District Judge, Banda on 13-4-1992 and the suit was dismissed.

(2.) BRIEFLY stated the facts stated in the plaint, giving rise to the suit are that late Kishori Lal and his wife late Smt. Dulli were the owners of the disputed house and land and were in their possession. Their younger son Lallua also claimed ownership over the land. The plaintiff had purchased the land from them for Rs. 1500/- by registered sale-deed dated 16-10-1989. The defendants have no right, title or possession over the land. The plaintiff is a Government servant. On 17-11-1989 when he returned back from his office, he found that disputed land and house were forcibly occupied by the defendants. The police did not register the crime on the ground that there was a civil dispute between the parties. The defendants filed a joint written statement and denied the plaint allegations. According to defendants, Shri Kishori Lal; Smt. Dulli and their son had no right, title or possession over the property. They have no right to sell the property by sale- deed dated 16-10-1989. The sale was a fraudulent transaction and did not confer any title on the plaintiff. The defendants were owner and in possession of the disputed property from much before 17-11-1989. The house was constructed by their mother Smt. Budhiya and sister Smt. Raniya, 50 years ago. Smt. Raniya had no son. The mother of defendant Nos. 1 and 2 Smt. Budhiya and their father used to live with Smt. Raniya. After their death, they are occupying the property as its owner.

(3.) I have heard Shri S. K. Verma, Senior Advocate assisted by Shri Siddharth Verma for plaintiff-appellant and Shri R. C. Gupta, for respondents.