DAYA NAND Vs. RISAL SINGH

JUDGEMENT

(1.) For the reasons stated in the application, CM is allowed, delay of 41 days in filing the appeal is condoned. RSA No. 187 of 2010

(2.) This regular second appeal is directed against the judgment and decree dated 31.08.2009, passed by the learned Courts below, vide which the suit filed by the plaintiff/respondents for declaration and permanent injunction, has been decreed, by recording a concurrent finding of fact, that the plaintiffs were the owner in possession of the suit property.

(3.) The plaintiff/respondents brought a suit on the pleadings, that the plaintiffs were the owners in possession of the land in pursuance to the decree dated 3.9.1981. That the mutation of inheritance in favour of the defendants/appellant was illegal, and null and void. Consequential relief of permanent injunction was sought restraining the defendants from interfering in the possession of the plaintiffs. It is not in dispute, that Smt. Mewa Devi widow of Sri Chand was the owner of the land in dispute, which was sold to the defendants. The plaintiff/respondents filed a suit for pre-emption, which was decreed on 3.9.1981. The case of the plaintiffs was, that a sum of Rs.18,500/- (Rupees eighteen thousand and five hundred only) was deposited with the Court, which was withdrawn by mother of defendant/appellant and thereafter in pursuance to the execution of the decree, possession was taken.