RAJENDRA KUMARS Vs. LALA SHREE CHAND JAIN

JUDGEMENT

(1.) This is defendants' second appeal against the decision dated 16.2.1998 tn First Appeal No. 296 of 1997 decided by Sri M. P. Singh. District Judge, Saharanpur. The said appeal arose out of Suit No. 124 of 1967 which was decreed by Sri R. C. Pande, the then Civil Judge. (Senior Division) on 19.5.1977.

(2.) Heard Sri Murlidhar, learned Senior Advocate assisted by Sri Ran Vijay Singh for the defendants-appellants and Sri Ravi Kiran Jain, learned Senior Advocate, assisted by Sri R. B. D. Misra for the plaintiffs-respondents.

(3.) Sreechand Jain who is adopted son of late Lala Chetan Das instituted a suit against his natural father and mother and 6 real brothers for possession after ejectment from the property, which has been detailed in Schedules 'A' and 'B' of the plaint. Besides the relief of possession, he also sought declaration that he is owner in possession over the properly detailed in Schedule 'C' of the plaint, in the alternative, relief of possession over the said property was also claimed. A claim for damages was also preferred.