ABDUL HALEEM Vs. ANOKHELAL

JUDGEMENT

(1.) This second appeal arises out of C.S. No. 3-A/1985, filed by plaintiff/respondent for declaration of title with regard to the suit land and the house, restoration of possession and also for declaring the sale deed dated 12.04.1983 as null and void.

(2.) Short facts relevant for the purpose of this appeal are that the plaintiff purchased the suit land, area 1.150 hectares from khasra Nos. 188, 189 (old No.62) by registered sale deed dated 20.10.1973 from the Bhoomiswami, Bhimsen. Consequently, the suit land was mutated in the name of plaintiff and he constructed two houses and the boundary wall around it. It was further pleaded that defendant No.1 (a) to (d) took the house situated on the property on rent from the plaintiff at the rate of Rs.200/- per month. As the defendants stopped paying the rent, plaintiff filed a suit C.S. No. 19-A/1980 for eviction and arrears of rent. The defendants filed their written statement in the eviction suit and denied tenancy and claimed title over the suit property by virtue of a sale deed dated 12.04.1983.

(3.) As the defendants claimed title over the suit property, the plaintiff was constrained to file the present civil suit bearing C.S. No. 3-A/1985 for declaration and possession of suit property and for declaring the sale deed dated 12.04.1983 as null and void.