JOGE RAM DAS KAHAR Vs. CHHOTELAL SHARMA

JUDGEMENT

(1.) This is defendants' second appeal under Section 100 of the Code of Civil Procedure, assailing the judgment and decree granted by the first appellate court, reversing the judgment and decree passed by the trial court dismissing the suit filed by respondent no.1 Chhotelal Sharma. The appeal was admitted for consideration of the following substantial question of law:

(2.) Plaintiff respondent no. 1 Chhotelal had filed civil suit for declaration of title and injunction in the year 1975 in the court of Civil Judge Class-II, Rewa, which was re-numbered in the year 1980 as Civil Suit No.58-A/80. Holding plaintiff Chhotelal Sharma to have failed to prove his claim, suit was dismissed on 13-01-1993. Aggrieved thereof first appeal was filed before the First Additional District Judge, Rewa, which was registered as Civil Appeal No.l9-A/1983 and the suit having been decreed by the first appellate court, this appeal under Section 100 of the Code of Civil Procedure is filed by the appellants herein, who are legal heirs of original defendant no.5 Ramdas Kahar. *S.A. No.353/1995 (Jabalpur)

(3.) Facts in nutshell, relevant for consideration of this appeal, are that the disputed property pertaining to the present suit consists of a Plot, house measuring 100 ft. x 50 ft. known as Plot No. 113/05 situated in Khutehi, it was jointly held by defendant nos. 1 to 4 i.e. Ramchandra, Mangal, Bhagwandeen and Ramavtar. By sale deed Ex.P-1 dated 30-01-1967, it is the case of the plaintiff that Ramchandra and Mangal sold the property to him on payment of a consideration of Rs.1250, the sale deed is registered and filed as Ex.-1.