CHANDER KANTA Vs. DURGA DUTT

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Appellants -plaintiff Chander Kanta and Ramesh Dutt (one of the sons of late Shri Surat Ram, who was a co -sharer with Chander Kanta) filed a suit, seeking declaration that they were owners in possession of the land described in the plaint and that the respondent -defendant Durga Dutt had no right, title or interest in the said land, but he had been threatening to interfere in their possession. Therefore, besides seeking aforesaid declaration, they sought issuance of a permanent prohibitory injunction, restraining said Durga Dutt from causing any interference in their possession. In the alternative, they prayed for decree of possession of the suit land.

(3.) It was alleged that Durga Dutt had earlier filed a suit for declaration and injunction against Surat Ram, father of plaintiff No.2, alleging that the suit land had been sold to him by Surat Ram for a sum of Rs.4,500/ - and he had been in possession thereof since the time of the sale. He claimed that a writing regarding sale had also been executed by Surat Ram on 24.3.1983. That suit was partly decreed and it was declared that Durga Dutt was in possession under an agreement to sell execution in his favour by Surat Ram. The plaintiff alleged that the decree in that suit having been obtained by Durga Dutt by playing fraud on the Court and making misrepresentation and that as a matter of fact, Surat Ram was owner in possession of only half share in the suit land and, therefore, he could not have sold more than his share in the suit land. Further, it was alleged by the plaintiffs that the alleged sale by Surat Ram had never been made and a false claim was made by Durga Dutt in that suit.