LAWS(P&H)-2018-2-398

BADLU SINGH AND OTHERS Vs. SUKHMA DEVI

Decided On February 06, 2018
Badlu Singh And Others Appellant
V/S
Sukhma Devi Respondents

JUDGEMENT

(1.) The present appeal has been filed by the plaintiffs challenging the concurrent judgments and decrees passed by the Courts below; whereby their suit for possession regarding the suit property was dismissed.

(2.) For convenience, the parties would be referred herein as the plaintiffs and defendants; as they were referred in the original suit.

(3.) The brief facts of this case are that the suit for possession was filed by the plaintiffs, claiming that they are the owner of the suit property. However, about one month ago, the defendant had taken the possession of the suit land illegally. The defendant was requested to vacate the same. However, she refused to vacate it and she claimed that she had obtained the suit land on lease from their mother vide lease deed dated 30.08.1962. It was claimed that the mother of the plaintiff never executed any lease deed as claimed by defendant. Further it was claimed that the plaintiff No.1 was born on 10.10.1941 while the plaintiff No.2 was born on 12.12.1944. Therefore, the impugned lease deed dated 30.08.1962 is not binding upon them. Hence, the possession of the suit property was prayed for.