GULBAHAR SHEIKH Vs. SANJAY KUMAR PANDE

JUDGEMENT

(1.) PLAINTIFFS opposite parties 1 to 3 filed Title Suit No. 8 of 1997 against defendants under Section 6 of the Specific Relief Act to get restoration of possession of 10 -2/3 decimals land with structures standing thereon, bearing Plot No. 17 in village Jhalua, District Garhwa, detailed in Schedule A to the plaint.

(2.) PLAINTIFFS claimed to have purchased the suit property by registered sale deeds dated 24.10.1991 and 6.4.1996 from Md. Isha Sheikh and Md. Ishrayal Sheikh, both sons of Natai Sheikh, and came in possession thereof. Their vendors had acquired the same from Kamoda Bibi, daughter of recorded tenant. Panchu Sheikh and sister of Bhannu Sheikh, defendant No. 4, by registered sale deed dated 8.9.1988. Their names were mutated and rent therefor was being paid to the State against receipts. They had constructed boundary wall as well as two rooms and two more rooms were under construction.

(3.) DEFENDANTS filed written statement and contested the suit. They denied plaintiffs possession over the suit property by virtue of aforesaid sale -deeds (Exhibits 1 and I/A) and claimed to have constructed four rooms. According to them on 18.9.1996, plaintiffs entered into their house with the help of their vendors and committed rape and kidnapped their family members, for which criminal case was filed against them.