HARISINGH Vs. VIKRAM SINGH

JUDGEMENT

(1.) Learned counsel for the rival parties are heard on the question of admission. Record of both the Courts below is perused.

(2.) This second appeal arises out of concurrent findings of both the Courts below in rejecting the suit for declaration of title and permanent injunction filed by the plaintiffs-appellants on the strength of partition between the plaintiffs and the defendants, which took place 40 to 50 years ago in respect of the agricultural land in question.

(3.) The defendants in their written statement denied the factum of partition as alleged by the plaintiffs. The defendants further contend that land falling in the share of Narayan Singh had been alienated by the said Narayan Singh during his life time by way of registered sale deed dated 18.06.1991 in favour of defendant No. 10 Rajesh, who has been put in possession. The defendants thus contended that the suit has been filed after 17 years of the said sale deed having been executed and, therefore, the same deserves to be rejected.