(1.) This is the plaintiff's second appeal. Being aggrieved by the judgment and decree dated 21.12.1988 whereby the suit of the plaintiff appellant was dismissed by the 7th Additional Munsif, Gonda and his first appeal was also dismissed by means of the judgment and decree dated 27.02.1991 passed by the 4th Additional District Judge, Gonda passed in Regular Civil Appeal No.10 of 1989, this appeal has been preferred.
(2.) During the pendency of the appeal the sole appellant Rishikesh expired and he was substituted by his heirs. Smt. Sangari, Ramniwaz, Avinish Kumar and Vivek Kumar.
(3.) The plaintiff instituted Regular Suit No.17 of 1987 in the Court of Munsif, Gonda pleading therein that he is the owner in possession of the property which was indicated in the site-plan and its informing part of the plaint in suit situate in Mauja Ramapur Pokhara, Pargana Nawabganj, Tahsil Tarabganj, District Gonda. It was pleaded by him that initially this property in question belonged to one Chhavi Lal and Ram Sumer who sold the same in the year 1973 to Ramrup and Rambadal. The plaintiff purchased the property from Ramrup and Rambadal by means of the sale deed dated 03.06.1976.