SHRIDHAR SINGH Vs. NARENDRA SINGH

JUDGEMENT

(1.) -THESE five appeals by different parties have been filed against judgment and decree dated 18. 2. 1989 passed by VIII A. D. J. , Azamgarh in two suits i. e. Original Suit No. 37 of 1981 Sant Bux Singh and others v. Shridhar Singh and others and Original Suit No. 36 of 1982 Sridhar Singh and others v. Sri Narendra Singh and others. Both the suits were consolidated and disposed of by a common judgment.

(2.) THE main dispute relates to major part of plot No. 952/2, total area 402 links (karis ). This plot belonged to two brothers Kabir Khan and Yar Khan. Aijaz and Niaz are sons of Kabir Khan and Ishtiyak is son of Yar Khan. Kabir Khan and Yar Khan (or their sons) divided the property in equal share in such manner that western portion of 201 links fell in the share of Yar khan/his son Ishtiyak and eastern half portion of 201 links in the share of Kabir Khan/his sons Aijaz and Niaz. The partitioon was recognised in O. S. No. 21 of 1975. Aijaz and Niaz sold 70 links of their portion of the aforesaid plot to Sridhar Singh through registered sale deed dated 21. 2. 1980 (OS No. 37 of 1981 was filed on 3. 3. 1981 ). Thereafter, during pendency of the original suit No. 37 of 1981 two more sale deeds were executed by Niaz. One was executed on 18. 8. 1981 in favour of Jawahir through which 14 links was sold and other was executed on 24. 3. 1982 through which 51 links were sold to Sridhar Singh. Ishtiyak had also sold 112 links of his western portion to Patiraji wife of Sridhar Singh through registered sale deed dated 18. 2. 1979. Both the suits were filed for permanent injunction seeking to restrain defendants from interfering in the possession of plaintiffs.

(3.) IN the suits Ishtiyak Ahmad, Niaz Ahmad and Badaruddin filed compromise in which they admitted the right of/surrendered their rights in favour of Sant Bux Singh in respect of the eastern portion of 201 links of plot No. 952/2. Under the said compromise Sant Bux Singh had surrendered his claim in respect of other plots in dispute i. e. plot Nos. 950, 953 and 954.