MALIRAM Vs. JAGMOHAN

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgment and decree dated 14th October, 1967, of the Senior Civil Judge, Sikar.

(2.) PROM the evidence on record, the following pedigree showing the relationship of the defendants with the vendors emerges:

(3.) ON the above pleadings, the lower court framed the following issues: 1. Whether Kedarnath and Ramkishore were the owners of half of the Haveli and Nohra as decribed in para No. 1 of the plaint and whether they sold the disputed property to the plaintiff and executed a sale deed in his favour on 18 -8 -1953 and delivered possession of the property to the plaintiff? 2. Did the defendant Ramdev in connection with the marriage of his son Banshidhar defendant No. 4 obtain temporarily permissive possession over half of the disputed Haveli and Nohra from the plaintiff in the year 1959? 3. Whether the plaintiff is entitled to obtain a decree for possession over the disputed Haveli and Nohra and for arrears of mesne profits amounting to Rs. 720/ - at the rate of Rs. 20/ - p.m. from the defendants? 4. Whether the plaintiff is entitled to get the disputed Haveli and Nohra partitioned and to obtain possession of half of that Haveli and Nohra?