NASIRUDDIN Vs. RAM SWARUP

JUDGEMENT

(1.) (for self and for V. K. Mehrotra, J.) :-Defendants Naslr Uddin, Abdul Razzaq and Mohd. Siddiq, being dissatisfied with the judgment and decree by the Additional Civil Judge, Bijnor dismissing their appeal have filed this second appeal.

(2.) CHAUDHRI Ram Swarup filed a suit in the court of Munsif Bijnor alleging that plot No. 1045/1, village Noorpur which had an area of 1 Bigha 14 biswas, was his Bhumidhari. He, by a sale deed dated 31-10-1958, sold an area of 1 bigha and 10 biswas of plot to defendants Nos. 4-7. From out of the remaining 4 biswas of the plot (705 sq. yards) abutting on Gohana Road towards south, he, by a sale deed dated 19th December 1958 transferred an area of 345 sq. yds. to defendants Nos. 1 to 3 and an area of 260 Sq. Yds. of land remained with him. In the year 1960 defendants Nos. 1 to 7 illegally encroached upon that land and ousted him from its possession. Accordingly he had to approach the court asking for a decree for defendants' ejectment from and possession over, the land.

(3.) BEING aggrieved, defendants Nos, 1 to 3 filed an appeal which was- disposed of by the Additional Civil Judge Bijnor by his order dated 5-5-1965. Although Sin their memorandum of appeal the defendants had raised a ground with regard to the jurisdiction of the civil court to entertain the suit, but it appears they did not press it before the appellate court. On merits the appellate court affirmed the findings recorded by the trial court and dismissed the appeal, It however extended the time allowed to the defendants for removing their constructions up to 5th July, 1965.