DURGA Vs. KALLU

JUDGEMENT

(1.) THIS appeal by defendant under Section 100 CPC is directed against the reversing judgment of the first appellate court dated 8/2/2012 in civil appeal No. 46A/2011 reversing the judgment and decree passed by the trial court dated 11/10/2011 in civil suit No. 36A/2011. Plaintiffs' suit for declaration and permanent injunction has been decreed.

(2.) WITH the consent of the parties, appeal is heard finally. Following question of law has been answered in affirmative and in favour of plaintiffs decreeing the suit: -

(3.) DEFENDANT filed written statement and denied the plaint allegations. It is submitted that land falling in survey nos.142/1 and 142/2 were originally survey no.142 admeasuring 0.105 hectare. The original holders of land have transferred the same to the brother of plaintiff -Devilal by a sale deed, however, certain part thereof was sold to defendant no.1. As such, the aforesaid area in survey no.142 is of the ownership of defendant no.1 and he is in possession thereof vide survey no.142/2. It is asserted that if plaintiffs have purchased the said part of the land from defendant, the same is null and void.