RASHMI DEVI Vs. MADHURI DEVI ALIAS PRAMILA DEVI

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 16th December, 1989 passed in Title Appeal No. 2/89/7/86 by the Sub -Judge III, Jehanabad, whereby and whereunder the lower appellate court has set aside the judgment and decree of the trial court in Title Suit No. 68/65.

(2.) THE defendants 1st set are the appellants.

(3.) HARI Kishun Gope appeared in the suit and filed written statement and later died during the pendency of the suit, whereupon the defendants 2nd set, who are his agnates, were brought on record. Said Hari Kishun Gope supported the claim of the plaintiff in the suit land. His case was that 20 years ago Plot No. 112 was partitioned and 3 decimals of land in extreme western portion of plot no. 112 was allotted to him and remaining 3 decimals of land adjacent to it fell to the exclusive share of Ganga Dayal from whom he purchased the said land vide registered sale deed of the year 1953. According to the written statement of Hari Kishun, he put the plaintiff in possession of the land.