GYARASI DEVI Vs. USHA SAHNI

JUDGEMENT

(1.) HEARD Sri Alok Singh, Senior Advocate assisted by Sri Udhyog Shukla for the appellants and Sri Arvind Vashist, Advocate for the respondents.

(2.) BOTH Second Appeal No. 12 of 2003 and Second Appeal No. 13 of 2003 have been preferred against the judgment and decree dated 24. 9. 2002 passed by the District Judge, Udham Singh Nagar. As the facts and law involved in both the appeals is similar, therefore, both the appeals are being taken up together for disposal.

(3.) BRIEFLY stated the facts giving rise to the present appeal No. 12 of 2003 are that respondents Nos. 1 and 2 namely Smt. Usha Sahni and Hemant Sahni have filed a suit against the appellant and respondents Nos. 3 and 4 before the civil Judge, (S. D.) Rudrapur for a decree of declaration that they are the bhumidhars and in possession of the land in suit, which was registered as O. S. No. 55/97. According to the plaintiffs the land in dispute which is No. D-1 and d-217 situate in Civil Lines, Rudrapur. Sri Chandra Sahni was the original lease holder of the land and the State has executed a registered lease deed in his favour on 18. 5. 1959. He constructed a house over that land and started business of Railway Out Agency.