MAHADEO SAH Vs. SAHDEO SAH

JUDGEMENT

(1.) Heard Mr. Ganpati Trivedi, learned Counsel appearing for the appellants.

(2.) The defendants in the suit are the appellants in this appeal against the judgment and decree of affirmance.

(3.) The plaintiffs filed the suit for declaration of title and recovery of possession over the suit land comprising of 7 dhurs of land of Plot No. 721. The factual expose are that Munshi Amar Prasad was the admitted owner of Plot Nos. 720 and 721 besides other plots. It is not in dispute between the parties that on 27.5.1955 said Munshi Amar Prasad executed two sale deeds one in favour of predecessor of the plaintiffs and another in favour of predecessor of the defendant. The sale deed executed in favour of the plaintiffs has been brought on record as Ext. 1 comprising, besides other lands, 18 dhurs of Plot No. 720 and 9 dhurs of Plot No. 721. The sale deed of the same date in favour of the defendants comprises besides other plots, the lands of Plot No. 720. Subsequently, the said Munshi Amar Prasad, according to the case of the defendants, executed another sale deed on 2.5.1962 in favour of the defendants with regard to 6. 1/2 dhurs of Plot No. 721.