ROSHAN LAL Vs. GANPAT

JUDGEMENT

(1.) Roshan Lal, defendant No. 2 in the trial Court has filed the present appeal and it has been directed against the Judgment and decree dated 18.12.1998 passed by the Additional District Judge, Karnal, who dismissed the appeal of the appellant and affirmed the judgment and decree dated 4.6.1993 passed by the Court of the Additional Senior Sub Judge, Karnal in favour of Ganpat and Jagdish.

(2.) The brief facts of the case can be noticed in the following manner:-

(3.) Ganpat and Jagdish, plaintiffs in the trial Court, filed a suit for declaration to the effect that the registered sale deed dated 17.9.1985, Ex.P-5, executed by Nasib Singh, defendant No. 1, in favour of Roshan Lal, defendant No. 2, regarding the plot in question as shown by letters ACDEG and by red colour in the site plan attached with the plaint and as mentioned in the sale deed be declared null and void being not binding upon the rights of the plaintiffs and that the plaintiffs are still owners in possession of the plot in dispute as mentioned in para 3 of the plaint and as shown in the site plan attached with the plaint. The plaintiff also sought an injunction to restrain the defendants No. 1 and 2 from forcibly dispossessing the plaintiffs from the plot in question.