SHUBRATI Vs. KUNJ BEHARI LAL

JUDGEMENT

(1.) This is defendant's appeal arising out of a suit for possession over the site of certain houses specified in the plaint. The plaintiffs claimed to be the owners of the site under two sale deeds, executed by the erstwhile owners, Syed Mahmudul Husain and Mir Latafat Ali on 3 September 1909 and 4 August 1910.

(2.) The plaintiffs case was that on 16 August 1910, Rajjab, the father of the appellant, Shubrati, and a number of persons had executed an agreement in favour of the plaintiffs, whereby they agreed that they and their descendants would vacate the land and remove the building materials, when, ever called upon to do so, and they further agreed that on receipt of the price they would give the materials to the plaintiffs. The plaintiffs further contended that they gave the defendants notice in 1936 to vacate the land, but they have not done so yet. On these allegations, the present suit was instituted in the year 1940.

(3.) The defence, in brief, was a denial of the plaintiffs title as also of the agreement. The bar of 12 years limitation was also pleaded. The main contention of the appellant was that the agreement was a fictitious transaction secured from one Rajjab, who was not Rajjab the father of the appellant but was some fictitious person, that the house had been rebuilt at a cost of RS. 2000 and that the suit was barred by estoppel and acquiescence.