VIPIN Vs. ROSHNI DEVI

JUDGEMENT

(1.) This is plaintiffs' second appeal challenging the judgments and decrees of the Courts below whereby their suit for declaration to the effect that they are owners in possession of the suit property was dismissed by both the Courts below.

(2.) As per the appellants, they had purchased the suit property vide sale deed dated 30.3.1971 from its earlier owners, namely, Ram Sarup and Jage Ram and were in possession through their predecessor-in-interest. According to the appellants, they had come to know that the suit property has been recorded in the names of defendant no.1 on the basis of decree dated 28.4.1976 passed in Civil Suit No.275 titled as Rajender Vs. Ram Sarup etc. Even the mutation has been sanctioned. Since the defendants failed to get the revenue record corrected and admit the claim of the plaintiff-appellants, necessity arose to file the instant suit.

(3.) The suit was contested by defendant no.1 stating that the suit property was rightly recorded in their favour by the revenue authorities on the basis of Civil Court decree. Execution of the sale deed, as set up by the plaintiffs, was denied.