RAFIQ Vs. SHANKAR LAL

JUDGEMENT

(1.) The respondents brought the suit, out of which this second appeal has arisen, for recovery of the site of a house sold along with the building standing thereon by the appellant No. 4 in favour of the other appellants.

(2.) It appears that the respondents were co-sharers in the village of Pandauli and on a partition, they obtained exclusive ownership over that portion of the Wage in which the house in suit was situated. The respondents were dissatisfied with the sale and contended that the site was their property and could not be disposed of by the appellant No. 4 who, they said, was a mere tenant. They asked for recovery of possession and alleged that they had no objection to the purchasers removing the materials of the house.

(3.) The vendor did not enter appearance. The vendees, however, contested the suit on the ground that there was a custom in the village by which the residents were entitled to sell their houses along with the sites.