JUGAL KISHORE SINGH Vs. NANDAN SINGH

JUDGEMENT

(1.) THIS second appeal is by the plaintiffs. They filed the suit for specific performance of contract and for-confirmation of possession and, in the alternative for recovery of possession. Various pleas were raised in the written statement filed by defendants 4 to 6. One of the issues framed in the suit on the basis of the pleas raised by the parties was issue No. 4, which was as follows:

(2.) THE plaintiffs claimed title on the basis of a sale deed executed by defendants 1 to 3 (defendants first party) on the 21st April, 1962 for a sum of Rs. 250/-. . According to defendants second party, namely defendants 4 to 6, the land of Khata No. 136, which was the subject-matter of the suit, did not belong to the defendants first party and it belonged to them and was in their possession. According to them, the entry in the survey record-of-rights was incorrect.

(3.) ALTHOUGH the ultimate decision in the suit was in favour of contesting defendants 4 to 6, who are respondents 1 to 3 in this Court, the finding recorded by the trial Court on the question of title and possession being against them, they preferred a title appeal in the Court below. The appellate Court in disposing of the appeal came to the conclusion that the plaintiffs were never in possession of the suit property since their vendors were not competent to make the transfer as they had no subsisting title or possession. On the other hand, it held that, the contesting defendants 4 to 6 had been able to establish their case and had also proved their possession in respect of the suit land. The appeal was, therefore, allowed and the judgment and decree of the learned Munsif finding possession with the plaintiffs-appellants was set aside. The dismissal of the suit was naturally maintained.