KAUSHLYA DEVI Vs. MOHAMMAD ANWAR

JUDGEMENT

(1.) The present regular second appeal at the instance of the defendant against the judgment and decree dated 12/10/1999 of the learned District Judge, Nahan, affirming the judgment and decree dated 19/11/1992 of the learned Senior Sub Judge, Nahan, stands admitted for hearing on the following substantial question of law :

(2.) One Shamshad and his mother Mst. Amir Begam were the owners and in possession of the land comprising of Khasra Nos. 1025 (measuring 1025.20sq. mtrs.)and 1020 (measuring 1054.75 sq. mtrs.) in Muhal Haripur, Gunnughat, Nahan. They carved out various plots out of this land and sold the same to different persons. Plot measuring 112 sq. mtrs. out of Khasra No. 1025 denoted by Khasra No. 1025/5/1 was sold to the defendant on 5.8.1980 vide sale deed Ex. DW 2/A. Another plot measuring 90.50 sq. metres out of the same Khasra Number denoted by Khasra No. 1025/5/2/1 was further sold to the defendant in the year 1982 and mutation in this regard was sanctioned on 13/8/1982. The above named Shamshad and his mother also sold two plots denoted by Khasra Nos. 1025/5/2/1 (measuring 136.06 sq. mtrs.) and 1020/2/1 (measuring 10.08sq. mtrs.) to Smt. Susheela Sethi and Om Nath Sethi on 1/9/1982 vide sale deed Ex. DA. Smt. Susheela Sethi and Om Nath Sethi further sold these plots to the plaintiff on 27.6.1984 vide sale deed Ex. DC. The defendant was found to have encroached upon an area of 18.86 sq. mtrs. in the land comprising of Khasra No. 1025/ 5/2/1. This fact was duly mentioned in the sale deed Ex. DC whereby the plaintiff had purchased the land from Smt. Susheela Sethi and Om Nath Sethi.

(3.) The plaintiff on the basis of his title (sale deed Ex. DC) filed a suit for possession of the Jand measuring 18.86 sq. mtrs. denoted by Khasra No. 125/5/2/2/1/1.