TULSA AND ORS. Vs. SITA AND ORS.

JUDGEMENT

(1.) This appeal was admitted by this Court on 26.2.2004 in view of the law laid down by the Apex Court in the case of Jumma Masjid Mercard .vs. Kodimaniandra Deviah and Others, 1962 AIR(SC) 847 on the following substantial question of law :

(2.) The facts, briefly stated, are as under :

(3.) In the trial Court, the issues were framed and it was found that name of the plaintiff was recorded in the Nazul maintenance Khasra till 197879 in respect of the suit plot and that the defendants had encroached upon the suit plot as alleged by the plaintiff and further that the defendants never took possession of the suit plot. However, the trial Court held in favour of the defendants that the plaintiff had sold the suit plot to the defendants by registered sale deed dt.8.10.1969 for Rs.2,000/, as alleged. But the Court also held that sale of suit plot by the plaintiff's son Narayan was without any authority and not binding upon the plaintiff.