NAGESHWAR SINGH Vs. KARAMDEO SINGH

JUDGEMENT

(1.) THE plaintiffs -appellants have filed this Second Appeal against the judgment and decree, dated 30.07.1986 and 13.08.1986 respectively passed by Shri Sita Ram Choudhary, Additional Subordinate Judge, III, Aurangabad, in Title Appeal No. 9 of 1983/ 106 of 1983, whereby the learned Additional Subordinate Judge has allowed the Title Appeal and set aside the judgment and decree passed by the learned Additional Munsif, II, Aurangabad, in Title Suit No. 39 of 1979/13 of 1982.

(2.) ACCORDING to the appellants, the lower appellate Court has failed to appreciate the evidence of the parties and has not considered the registered sale deed (Exhibit 1) which shows that Raj Mohan Singh was dead in the year 1932 whereas the defendants have shown his signature in the deed of exchange in the year 1935 which is Exhibit 'C '.

(3.) THE plaintiffs have filed the suit for declaration of their title over the suit land and for confirmation of their possession over it.