DASONDHI RAM AND ANR. Vs. HAND RAJ

JUDGEMENT

(1.) This is a Plaintiffs' second appeal arising out of a suit for permanent injunction and damages.

(2.) The Plaintiffs alleged that Rati Ram, Prem Singh, Smt. Munni, Lila Vati and Sultan Singh were owners of a parcel of land situated in village Dudhla, that the land was sold by a registered sale deed dated February 8, 1968, to the Plaintiffs and they were put in possession of the land by the vendor, but that the Defendant was interfering with their possession and had trespassed on to the land and removing the paddy crops of the Plaintiffs. The Plaintiffs prayed for a permanent injunction restraining the Defendant from interfering with their possession in the land and also claimed damages in the sum of Rs. 200 in respect of the paddy crops.

(3.) The suit was resisted on the ground that the landowners, Rati Ram and others, had already transferred the land to the Defendant by an oral sale on June 18, 1967, for Rs. 1,800 and had put the Defendant in possession. It was also pleaded that a report of the oral sale had been made to the Patwari Halqa who recorded the same in the Register Roznamcha -Vakiyati. Mutation No. 75 was entered in respect of the oral sale, and the possession of the Defendant over the land was entered in the revenue papers in Kharif 1967. Subsequently, the Defendant says, he came to know that the land had been sold by the landowners to the Plaintiffs, and that on the basis of that sale the Plaintiffs had applied to the Revenue Assistant for cancellation of the Girdawari entries made in favour of the Defendant, that without notice to the Defendant the Revenue Assistant passed an order recording the Plaintiffs in possession of the land, and that on coming to know of the order the Defendant applied for restoration of the Girdawari entries which application was pending decision. The allegation of the Plaintiffs that they were in possession of the land and he had trespassed on to the land and destroyed their crops was denied by the Defendant.