RATTAN DASS Vs. MEHAR CHAND

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THIS appeal is filed by one of the three defendants against whom a suit was filed by the respondents-plaintiffs, Mehar Chand and Hem Raj, seeking declaration that they were owners in possession of 3 bighas 2 biswas 18 biswansi land, situated in village Baryogi, Tehsil Thunag, District Mandi, having purchased the same for a sum of Rs.32,000/- from its previous owner, namely Smt. Sananu proforma-respondent No.3, through her attorney Gian Chand, proforma-respondent No.4, who were impleaded as defendants No.2 and 3, respectively. It was alleged that the present appellant- defendant No.1 had been threatening to interfere in the possession of the plaintiffs without any right, title or interest. Written statement was filed only by the present appellant. He claimed that he had purchased a portion of the suit land to the extent of 2 bighas 8 biswas 10 biswansi, out of the suit land, in the year 1970 from Doom, husband of defendant No.2 Sananu, and ever since he had been in possession of the said portion. Plaintiff then amended the plaint and took the plea that he was bonafide purchaser for consideration having no knowledge of the sale allegedly made in favour of the appellant- defendant by the husband of defendant Sananu.

(3.) RESPONDENTS -plaintiffs filed appeal in the Court of District Judge. Appeal has been accepted with the finding that the suit land had been sold by proforma-respondent Sananu in favour of the respondents-plaintiffs, through Gian Chand acting as her attorney.