SHIA RAM Vs. SHANTI RAM

JUDGEMENT

(1.) THE plaintiffs are in second appeal aggrieved against the judgment and decree passed by the Courts below whereby their suit for declaration challenging mutation No. 559 in favour of defendant in respect of the suit land was dismissed.

(2.) ON 22.12.1959, the plaintiffs sold 16 bighas and 1 biswa of land to the defendant along with proportionate share in the shamlat. Though the controversy before the Courts below was to the effect that whether the proportionate share in shamlat was subject-matter of sale yet the controversy which survives in the present second appeal is to the effect that the plaintiff was owner of any share in shamlat and could sell the said share in shamlat on the date of sale.

(3.) THE argument of the learned counsel for the appellant is that since in the year 1959, the plaintiffs were not owner of shamlat deh as the same vested with the Gram Panchayat by operation of 1953 Act, any stipulation in the sale-deed in respect of sale of share of shamlat would not convey any title in favour of the defendant.