BANKEY SINGH Vs. DHARAM DEO SINGH AND AFTER HIM RAM SABAD SINGH AND ANOTHER
LAWS(ALL)-1965-2-40
HIGH COURT OF ALLAHABAD
Decided on February 22,1965

BANKEY SINGH Appellant
VERSUS
Dharam Deo Singh And After Him Ram Sabad Singh And Another Respondents


Referred Judgements :-

LATU V. RANI MAHA LAXMI BAI AND ANR [REFERRED TO]
MAN PAL V. BIRJA AND PARICHAT [REFERRED TO]
NAGESHAR RAM AND ANOTHER V. BANSBAHADUR SINGH AND ANR [REFERRED TO]


JUDGEMENT

S.N. Singh, J. - (1.)THIS a Defendant's appeal in a suit for perpetual injunction restraining the Defendant from interfering with the peaceful possession of the Plaintiff over the plots in suit in the alternative prayer for delivery of possession was also made.
(2.)THE Plaintiff's case in brief was that prior to the abolition of zamindari the second Defendant Mst. Phulesara was the occupancy tenant of the plots in suit. She deposited ten times of the rent and became Bhumidhar of the plots in suit. She executed a sate deed in favour of the Plaintiff on March 10, 1954 and put the Plaintiff in possession over the plots in suit. The Plaintiff alleged that on the basis of wrong entries made in favour of Defendant No. 1 he was interfering with the peaceful possession of the Plaintiff, hence the suit.
The Defendants Bankey Singh and Mst. Phulesara contested the suit, inter alia on the grounds that Mst. Phulesara did not execute any sale deed in favour of the Plaintiff; that the sale deed was without consideration and that Mst. Phulesara was not legally competent to sell the tenancy land. It was also alleged that she had surrendered the holding in favour of the zamindar Defendant No. 1 (Bankey Singh) who had entered into possession prior to the abolition of zamindari and the land had become his khudkasht. The bar of limitation was also pleaded.

(3.)THE trial court accepted the title of the Plaintiff but held that the Plaintiff was not in possession over the land in suit. It gave a categorical finding that on the evidence on record Defendant's possession was established, as such he decreed the suit of the plain -tiff for possession as against the Defendants.
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