UMA SHANKAR Vs. ROSHAN LAL

JUDGEMENT

(1.) HEARD Shri B. D. Mandhyan the learned Senior Counsel assisted by Shri M. M. Tripathi, the learned Counsel for the defendant-appellant and Sri V. D. Ojha, the learned Counsel assisted by Sushil Jaiswal, the learned Counsel for the plaintiffs-respondents.

(2.) THE plaintiffs filed a suit for possession of the disputed property and for damages and mesne profit. The plaintiffs alleged that the property in question belonged to the three brothers, namely, Mohan Lal, Kalyan Rai and Subarti. Subarti dies issueless. Mohan Lal had two sons, Noni Rai and Mangal Sen. The plaintiff No. 1, Roshan Lal is the son of Noni Rai and the plaintiff No. 2, Ved Ram is the son of Mangal Sen. Kalyan Rai had two sons, Ratan Lal and Babu Ram. The plaintiffs alleged that Ratan Lal died issueless and he had also relinquished his rights in favour of the plaintiffs. The second son, Babu Ram had three daughters, namely, Smt. Ram Kali, Ram Katori and Nanhi who are plaintiff Nos. 3 4 and 5. The plaintiffs alleged that the defendant had executed a fictitious sale deed execute by Ratan lal and, based on illegal sale deed, took possession over the property which led to the initiation of the proceedings under section 145, Cr. P. C. and which eventually led to the filing of the present suit.

(3.) THE defendant contested the suit alleging that he is the owner and in possession of the property in question on the basis of a valid sale deed. The defendant further submitted that the property in question was the self acquired property of Ratan Lal and that he had every right to sell the property and that the plaintiffs had no right or title on the property in question.