Hon'ble Sibghat Ullah Khan, J. - (1.) HEARD Sri R.C. Singh, learned counsel for the appellants and Sri M.A. Qadeer, learned senior counsel for the respondents.
(2.) THIS is plaintiffs' second appeal arising out of O.S. No.52 of 1961 which was decreed on 31.10.1962 by Munsif, Fatehpur for possession and demolition. Against the said judgment and decree, Civil Appeal No.146 of 1962 was filed which was dismissed. However the said judgment of the lower appellate court was set aside by the High Court in an earlier second appeal and matter was remanded to the lower appellate court for fresh decision. Thereafter lower appellate court/ District Judge, Fatehpur allowed the appeal on 10.04.1975 and suit for demolition was dismissed. The parties are admittedly joint owners. The allegation made by the plaintiffs who are two sisters, that they and their brother defendant No.6 who is appellant No.3 in this second appeal were owners in possession to the extent of 1/4th share of the property in dispute was accepted by the contesting defendants. However the version that earlier partition had taken place and plaintiffs and defendant No.6 were owners of specific portion of property in dispute to the extent of 1/4th share was denied by the contesting defendants and was not accepted even by the trial court. Under issue No.6 it was specifically held by the trial court that The land is proved to be joint between the parties.
(3.) HOWEVER after two sentences it was observed as follows: Obviously the land in suit is proved to be in the exclusive possession of the plaintiffs and defendant No.6.;