BRIJ LAL Vs. SOHAN LAL

JUDGEMENT

(1.) This appeal is preferred against the judgement and decree by which declaration was granted by the Courts below to the effect that the plaintiffs-respondents are the owners in possession of the suit property. The plaintiff have come to the Court with the contention that by registered sale deed dated 30.11.1959, they purchased the suit property for a consideration of Rs. 35,000/- and are in possession of it as owners. They further submit that, despite the purchase of the property, the revenue record was, however, not correctly shown. They, therefore, came to the Court for a declaration that they are the owners in possession of the property.

(2.) The defendant-appellant, by a written statement, contended that the plaintiffs were in unauthorised possession and that they were formerly the tenant on the suit property. It was further claimed that the plaintiffs had got executed a document of sale of the suit land without giving consideration for it. At the time of execution they simply assured that they would later on pay the consideration. It was contended that no such consideration ever was passed. The other point raised by him was the waiver of the right of ownership on the ground that the plaintiffs continued to be the tenants and accepted the defendants as the owner of the property. On this premises, it was contended that the plaintiffs are estopped from raising the claim that they were the owners of the property. It was further contended that the suit property was not the same which the plaintiffs were allotted in the course of consolidation of proceedings. In other words, certain question regarding the identity of the land had also been raised.

(3.) The trial Court held that the sale deed has been duly executed and there was nothing to show that the consideration had not passed. On the question regarding the identity of the property, the trial Court held that the identity of the property was properly established. On these main findings, the trial Court decreed the suit.