NETI Vs. RAM KISHAN

JUDGEMENT

(1.) The second appeal is directed against the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and decreeing the suit of the plaintiff for possession of the suit land.

(2.) The respondents (hereinafter referred to as the plaintiffs) filed a suit for declaration and permanent injunction on the ground that the suit land was owned by Smt. Rumali, widow of Ghurey and Kuran Wati, daughter of Ghurey. They transferred the suit land in favour of the plaintiffs vide registered sale deed dated July 10, 1975. The plaintiffs were in possession of the suit land when they were forcibly dispossessed by the defendants necessitating the filing of the suit for declaration that the plaintiffs were in possession and for permanent injunction restraining the defendants from interfering in their possession and in the alternative, a decree for possession.

(3.) The defendants controverted the allegation made in the plaint and pleaded that they were in possession of the suit land as tenants.