CHANDA BAI Vs. ANWARKHAN

JUDGEMENT

(1.) This is an appeal tiled by defendants Nos. 2 and 3 under Section 100 of the Code of Civil Procedure (hereinafter the Code for short) against the judgement and decree dated 12-7-91. passed by the District Judge, Rewa in Civil Appeal No.9-A/91, arising out of judgement and decree dated 6-4-89, passed by Second Civil Judge Class I, Rewa in Civil Suit No. 106-A/88.

(2.) The respondent No. 1 filed Civil Suit No. 106-A/88 against the appellants and respondent No. 2. The respondent No. 3 was proforma party. The respondent No. 2 filed his written statement admitting the claim of the respondent No. 1. Thus the suit is contested by the appellants against the respondent No.1on merits.

(3.) The respondent No. 1 claimed in the plaint that he was the owner of Khasra No. 11/3, area 6.50 acres, situate in village Godha, Tehsil Sirmour, District Rewu. He pleaded that the aforesaid suit property was the part of the property belonging to his ancestors and his real brothers who had obtained Patta in respect of that property. Both the brothers died leaving the respondent No. 1 as the sole heir of the property. It was claimed that he was in peaceful occupation of the suit-land till 1-3-83. The appellant No. 1 disturbed his possession alleging that she had purchased the suit property from the respondent No. 2 by registered sale deed dated 22-3-82 for a consideration of Rs. 14,000/-. Therefore, a suit for declaration of title and permanent injunction was filed by the respondent No. 1. In the alternative, it was pleaded that in case it was found that respondent No. 1 was not in possession then a decree for possession be granted. The appellant No. 2 was made a party to the suit because she had purchased the land for a sum of Rs. 19,000/- by a registered sale deed dated 24- 11-86 from appellant No. 1 (Ex. D-I8). 4.