DINESH JAIN Vs. JEEWANLAL LALA RAM BRAHMIN

JUDGEMENT

(1.) This appeal under Section 96, CPC has been filed by 8th and 9th defendants feeling aggrieved by the judgment and decree dated 24-7-1995 passed by learned 3rd additional Judge to the Court of District Judge, Sagar in Civil Suit No. 90-A/ 1991 thereby partly decreeing the suit of the plaintiffs.

(2.) The plaintiffs respondents, namely, Jeewanlal, Shaligram and Bhagwatibai have also filed cross-objections praying to decree the suit in toto. During the pendency of the suit second and third plaintiffs (respondents 2 and 3) have died. The respondents 2(a) to (d) are the L. Rs. of second respondent and they were brought on record on 30-9-2011 while the name of third respondent-plaintiff was deleted from the cause title as per order dated 15-4-2009.

(3.) A suit for declaration that the plaintiffs are the owner of the entire suit house, the description whereof has been given in para 3 of the plaint and further that defendants 1 to 7 are not having any right, title and interest in the suit house therefore, the sale-deed dated 22-12-1989 executed by them in favour (Contd. on Col. 2) of defendants 8 and 9 (appellants herein) is ineffective and by virtue of the said deed the defendants 8 and 9 did not acquire any right, title and interest in the suit property. The plaintiffs also claimed possession of the suit house from the defendants and they further sought a decree of permanent injunction that after delivering possession to the plaintiffs they shall not interfere in their possession.