RAHIMAN Vs. HASIBUL HASAN

JUDGEMENT

(1.) Heard learned counsel for the parties at the admission stage. This is plaintiffs' second appeal arising out of O.S. No. 38 of 1986. The suit was decreed on 4.4.1998 by Additional Civil Judge-I, Senior Division, Bareilly and defendants were restrained from interfering in the peaceful possession and legal rights of the plaintiffs over the property in dispute. Against the said decree defendants filed Civil Appeal No. 102 of 1998, which was allowed., judgment and decree passed by the trial Court was set aside and suit was dismissed, hence this second appeal.

(2.) The case of the plaintiffs was that they had taken the property in dispute from Zamindar. Defendants admitted that plaintiffs' father Nasir Bux had purchased the property (one bigha pakka) from Har Prasad the Zamindar through registered sale-deed dated 24.11.1911. Defendants further pleaded that plaintiffs' father Nasir Bux sold half of the said property to Jumman, Mataru and Ghurran through registered sale-deed dated 28.2.1913 and rest half to Nagarpalika through registered sale-deed dated 18.7.1913.

(3.) Defendants further pleaded that on 18.7.1913, Jumman and others sold the portion which had been purchased by them to Nagarpalika. Name of Nagarpalika was entered in the municipal records. Nagarpalika thereafter sold the entire property in dispute to defendants' father Hafeezul Hasan through registered sale-deed dated 10.2.1943.