LEKH RAM Vs. SUNDER RAM

JUDGEMENT

(1.) THIS appeal has been directed against judgment, decree dated 18.08.1999 passed by learned District Judge, Bilaspur, in Civil Appeal No. 27 of 1990, affirming judgment, decree dated 09.04.1990 passed by learned Senior Sub Judge, Bilaspur , in case No. 39/1 of 1988.

(2.) THE facts, in brief, are that Smt. Hardei predecessor -in - interest of respondents 1 to 3 had filed a suit for declaration, permanent prohibitory injunction and in the alternative for possession against appellant, respondent No.4 etc. regarding the land, more particularly, detailed in the plaint. It was pleaded that previously the land was owned by Sansaru respondent No.4. Smt. Lachhmi mother of Smt. Hardei married with Sansaru and from his loins Smt. Hardei was born. On 15.12.1975, Sansaru sold land measuring 10 bighas by way of a registered sale deed in favour of Sukh Ram etc. and mutation to this effect was sanctioned on 22.06.1977. Sansaru again sold 3 bighas 6 biswas of land vide registered sale deed dated 09.01.1976 in favour of Kutabdin. He executed a registered gift deed in favour of appellant regarding land measuring 34 bighas 2 biswas described in the plaint which is the suit land.

(3.) IT has been alleged that possession, if any, of Sansaru on part of the suit land was only that of a licensee and, therefore, Smt. Hardei filed suit for declaration that she was owner in joint possession of the suit land measuring 11 bighas 17 biswas out of land measuring 34 bighas 2 biswas. She also prayed consequential relief of injunction.