AMIRKHAN Vs. MAGANLAL

JUDGEMENT

(1.) ON 13.1.1971, i. e. prior to the Amending Act of the Civil Procedure Code 1976 came into force, a suit was filed by the plaintiff/respondent Maganlal for possession of a portion of Khasra No. 722/1, total area 0.30 acres, which is the suit land, on the allegation that the plaintiff Maganlal purchased Khasra No. 722/1 from one Durga Prasad by registered sale deed dated 16.5.1955 (Ex. P -1). After purchase of this land, he sold 4 decimals to one Shikhar Chand and remained in possession of the rest of the land, when on 26.12.1970 the defendants/appellants encroached upon 2 decimals of land and started construction of a house over it. As possession taken by the defendants was illegal, the suit was filed for possession of the suit land on the basis of the title of the plaintiff.