SHREE LAL PASWAN @ LAL DAS PASWAN SON OF LATE SUWA LAL PASWAN Vs. RAM BHAJAN PASWAN SON OF LATE JIKALAL PASWAN

JUDGEMENT

(1.) Heard Mr. S.S. Dwivedi, learned senior counsel appearing for the appellants.

(2.) The defendants are the appellants in this appeal against the judgment and decree of affirmance granting the decree to the plaintiff as prayed.

(3.) The facts are not in dispute that the suit property originally belonged to one Mahendra Narayan Mishra who by registered sale deed dated 21.08.1991 (Ext.1/A) sold altogether 18 katha 3 dhur land to the defendants along with some more persons. It will be relevant to mention here that the sale deed in favour of the defendants included 3 katha 12 dhur of Plot No.576 and 2 katha 6 dhur of Plot No.577. Later on the same vendor Mahendra Narayan Mishra by said sale deed dated 26.02.1992 (Ext.1) sold 3 katha 12 dhur of Plot No.576 and 2 katha 16 dhur of Plot No.577 in favour of the plaintiff. The plaintiff has alleged that the defendants have encroached upon his purchased land during his absence and on that basis the plaintiff filed the suit for declaration of title and recovery of possession over the purchased land which has been described in the schedule of the plaint with the boundaries thereof.