NEKI RAM Vs. HAZARI

JUDGEMENT

(1.) Neki and Maru plaintiffs appeal under section 100 of the Code of Civil Procedure from the decree passed by the lower appellate Court on the 2nd of June 1947.

(2.) Briefly summarised, the fact giving rise to Regular Second appeal No. 191 of 1948are these. On the 2nd of October 1945, Neki, Maru and Bhartu instituted civil suit No. 293 of 1945 for the possession of the site in suit alleging that Hazari Lal being a non-proprietor in the village had no right to sell the land in suit to Puran Mal and Chandar Bhan.

(3.) Puran Mal and Chandar Bhan resisted the suit and on the pleadings of the parties the trial courts fixed the issues set out hereunder :-