KRISHNA BAI Vs. KALOORAM

JUDGEMENT

(1.) THE plaintiff has taken the shelter of this Court by filing this second appeal under section 100, Civil Procedure Code against the judgment of reversal passed by learned First Appellate Court since the suit which was decreed by learned trial Court has been reversed by the said Court.

(2.) THE facts necessary for disposal of this second appeal lie in narrow compass. A suit was filed by plaintiff for restoration of possession on the basis of title as well as for cancellation of sale deed executed by defendant No. 1 Kaluram in favour of defendants No. 2 to 4 and further it be declared that the order passed by the Revenue Court in Case No. 7A/46-88-89 decided on 7-9-1989 is not binding on plaintiff.

(3.) THE defendants filed a joint written statement and denied the plaint averments. According to them, a valid order was passed by Nayab Tehsildar in favour of defendant No. 1 holding him that he has become occupancy tenant and thereafter he had become Bhumiswami by operation of law and validly the suit property has been sold by defendant No. 1 to defendants No. 2 to 4 and it has been prayed that the suit be dismissed. A plea of limitation has also been taken in the written statement that suit of plaintiff is time barred.