RAKHO Vs. BANSI LAL

JUDGEMENT

(1.) The sole question for determination in the present second appeal arising out of the judgment and decree

(2.) The house property in dispute which was earlier in the form of a "Gohran" (cattle -shed) was jointly owned by S/Shri Daya Ram and Kanshi Ram sons of Smt Santi. On 1 -1 -1952 both the brothers separated from each other. The joint residential houses were partitioned between them. The house property in dispute and agricultural lands were kept joint. The house in dispute was given by them to their mother Smt. Santi for residence and it was agreed that after her death the same would revert back to them and partitioned thereafter. Smt. Santi started living in the house in dispute since after 1 -1 -1952.

(3.) On 1 -2 -1977 she sold the same in favour of the plaintiff. The defendants (appellants before this Court) are the legal heirs of S/Shri Daya Ram and Kanshi Rant, abovenamed. They are alleged to have taken forcible possession of he house in dispute on 7 -5 -1978. Hence, a suit for possession thereof was filed by the plaintiff on the basis of title.