MOHD RAFIQ Vs. RAM LAL

JUDGEMENT

(1.) THIS revision is directed against the judgment and decree of District Judge Rajouri dated 31.12,1983. Because the suit was valued only at Rs. 20/ - in the trial court, therefore revision alone would lie against the judgment and decree of the 1st appellate court and second appeal was not competent.

(2.) RESPONDENTS herein had brought a suit for declaration against the appellants to the effect that the sale deeds dated 15.5.1959 executed by, Dhoond Raj and Krishen Lal, defendants 13 and 14 in favour of, predecessor -in interest of contesting defendants was void. A relief or recovery of possession of land measuring 11 kanals and 19 marlas which was subject matter of the sale deeds was also proved, it was averred in the, plaint that out of joint holding of khewat No. 530 defendants 13 and 14 had alienated specific numbers which they could not have alienated. The possession was not transferred to the vendee because the vendors were, out of possession. After the execution of the sale deeds, the vendee is said to have dispossessed the plaintiffs Therefore relief, for possession was also claimed. The suit was contested by the vendees heirs because in the meantime original vendee had died

(3.) PARTIES were put to issues and evidence was led by both the sides. The trial court, heId the suit of the planintiffs as barred by limitation and also, gave a finding, that plaintiffs were not in exclusive possession of the land in question, therefore the question of their dispossession would not arise. It also held that defendants 13 and 14 were within their rights to alienate the land which had not exceeded their share in the joint holding. Accordingly the suit of the plaintiff was dismissed.