ILAM CHAND Vs. VED PARKASH

JUDGEMENT

(1.) Defendants Nos. 1 to 3 are in second appeal against the decree for possession passed by the Courts below in favour of the plaintiff-respondent herein.

(2.) The brief facts out of which the present appeal arise are that one Birbal s/o Siri Ram Sold agricultural land on 23-5-1953. The said sale was disputed by the plaintiff in a reversionary suit by filing a suit for declaration to the effect that the alienation made by his father shall not bind the reversioners of the vendor after his death. This suit was decreed on 12-11-1954. The appeal filed by Ram Sarup s/o Kadma vendee was dismissed on 24-12-1955.

(3.) Birbal son of Siri Ram, father of the plaintiff, died on 26-9-1991 and, thus, the right to claim possession arose to the reversioners on the basis of judgment and decree dated 12-11-1954. On 4-12-1991, the plaintiff, one of the reversioners, filed a suit for possession on the ground that the alienation made by his father on 23-5-1953 has been held to be not binding on the rights of the plaintiff and, thus, the plaintiff is entitled to possession of the suit land.