SHER MOHAMMAD Vs. HABIB AHMAD AND

JUDGEMENT

(1.) Heard Shri Khalil Ahmad, Counsel for the appellants and Shri B. S Parihar, Counsel for the respondents.

(2.) BY the present second appeal filed under section 100 of the Code of Civil Procedure, the appellants have prayed for setting aside the judgment and decree dated 6. 5. 2000 passed by the District Judge, Ud-hamsingh Nagar (Rudrapur) in Civil Appeal No. 51 of 1999 by which the judgment and decree dated 20. 7. 1999 passed by the Civil Judge (Junior Division), Kashipur, District Udhamsingh Nagar has been set aside.

(3.) A written statement has been filed on behalf of the defendants denying the averments made in the plaint. It has been submitted that the plaintiffs have not come before the Court with clean hands. The plaintiffs have not produced any map along with the plaint with regard to the land in dispute. It has been stated that the total area of khasra No. 343 was 45 acres and Anand Priya was its original khatedar. Out of the aforesaid 45 acres of land, the defendants have purchased the land measuring 25 acres by registered sale deed dated 10. 2. 1988 and since then the defendants are owners in possession over the aforesaid land. The plaintiffs are not in possession over the land shown by letters ka, kha, ga in the map i. e. paper No. 17 Ka/5 annexed with the written statement.