GANGARAM Vs. RAMKANWAR

JUDGEMENT

(1.) THE instant first appeal is directed against the judgment and decree dated 5.2.1980 passed by the learned District Judge, Merta in civil suit No. 5/73.

(2.) THE fact of the present case lies in a short campus. Shri Kamalchand, since dead, and his son Ratanchand filed the above suit Inst. the opulent and his brother Shri Jagdish, respondent No. 3 on the round inter -alia that the plaintiff Kamalchand purchased disputed land from Shri Mahphoo Khan for Rs. 2,500/ - by a registered sale -deed on 30.8.1950. It was then stated that Shri Mahphool Khan handed over the Patta of the sia land (Ex.3) to Shri Kamalchand at the time of the sale. It was then alleged that Kamalchand got the pata renewed (Ex.1) in his name and in the name of his son Shri Ratanchand and, therefore, it was alleged that Shri Ratanchand had been made a plain tiff in the above suit. It was further averred that the above land was delivered to the defendants in Sept., 1967 for temporary use on their request and when the plaintiff demanded the possession of the land from the defendants they refused and instead of handing over possession sent a notice alleging that they are in possession in part performance as contemplated Under Section 53A of the Transfer of Property Act.

(3.) ON the basis of the aforesaid pleading of the parties the learned District Judge, Merta framed the following issues: .........[vernacular ommited text]...........