MOHD. ZAHOOR Vs. RAM SAJEEVAN

JUDGEMENT

(1.) This appeal has been admitted on the following substantial questions of law on 11/9/1998 :-

(2.) This appeal under Sec. 100 C.P.C. has been filed by the plaintiffs challenging the judgment passed by appellate Court dtd. 27/1/1998 whereby judgment and decree passed by the Civil Court dtd. 15/3/1991 was reversed and suit has been dismissed by the appellate Court. Initially the suit has been decreed by the trial Court.

(3.) The facts in brief of the case are that a suit was filed by the present appellant before the trial Court in the year 1973. The suit was for cancellation of sale deed dtd. 27/11/1967 and for recovery of possession in the suit land. The suit was filed by the present appellants on the assertions that the appellant / plaintiff No.2 was the owner of the suit land situated in survey No. 661, 662 and 663. The said plaintiff No.2 was a beggar and he put the defendant No.2 in possession of the said land who was the nephew of plaintiff No.2. The plaint further alleged that the plaintiff No.2 had given some portion of the suit land for construction of house and shop to the plaintiff No.1 about 15 years prior to filing of the suit.