SUBHAS SHRIVASTAVA Vs. GYASO

JUDGEMENT

(1.) THIS second appeal has been preferred by the defendants-appellants against judgment of reversal passed by 1st appellate Court decreeing the suit of the plaintiffs.

(2.) NO exhaustive statement of facts are necessary for the disposal of this appeal, suffice it to say that a suit for declaration that the plaintiffs are in possession of the land in question and the patta which has been given to defendant No. 1 by Tahsildar and in pursuance to the said Patta, defendant No. 1 did not acquire any right; mutation in favour of defendant No. 1 is void ab initio; the sale deed executed by defendant No. 1 in favour of defendant No. 2 and thereafter to defendant No. 3 are null and void and by these sale deeds, the defendants did not acquire any right, title and interest. The plaintiffs further prayed a decree of injunction restraining the defendants from interfering in their possession.

(3.) THE learned trial Judge, framed the issues and issue No. 6 was framed in respect to the point of limitation.