MANGLI Vs. ROOPNARAIN

JUDGEMENT

(1.) THE appellants who are legal representatives of original defendant Moosan, being dissatisfied by the judgment and decree passed by Appellate Court decreeing the suit of respondents who are legal representatives of original plaintiff Harihar has preferred this second appeal under section 100, Civil Procedure Code.

(2.) ORIGINAL plaintiff is Harihar and original defendant is Moosan, both of them are dead and present respondents are legal representatives of plaintiff and appellants are legal representatives of defendant.

(3.) THE suit of plaintiff Harihar is that the disputed land was obtained by Dhruv Narain Singh in partition and since after partition he is possessing the disputed land in his Bhumiswami right. He sold the suit land by registered sale deed dated 17 -3 -1966 for a consideration of Rs. 2509/ - to original plaintiff Harihar and possession was also delivered to him. Thereafter in the year 1968 plaintiff Harihar purchased some more lands from Dhruv Narain and Kunj Bihari. There was some dispute between Dhurv Narain and Kunj Bihari, as a result of which they gave threat to possess the disputed land, as a result of which plaintiff initiated proceeding under section 145, Criminal Procedure Code before SDM. On 23 -5 -1969 SDM passed order in favour of plaintiff, as a result of which possession was delivered to him.