MOHAMMAD NISAR Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS appeal is at the instance of defendants calling in question judgment and decree dated 4-8-1995 passed in C. S. No. 31-A/1992 by 5th Addl. Judge to the Court of District Judge, Sagar.

(2.) PLAINTIFF has filed suit for declaration that the House No. 53 owned by the plaintiff, the defendants have no concern with it. Prayer was also made to restrain defendants from interfering with plaintiffs possession. Genealogical tree indicates that one Rewa Ram had four sons; Baijnath (defendant No. 1), mohanlal, Umashanker (defendant No. 2), Lakhanlal (defendant No. 3 ). Beni bai was the wife of Rewa Ram. Rewa Ram died on 25-8-1973 and Beni Bai in the year 1980. Mohanlal has left behind widow; Dayawanti; plaintiff No. 2 and rajesh Kumar; plaintiff No. 1. It is also not in dispute that the sale-deed (P-1)was executed by Baijnath (defendant No. 1) in favour of Mohd. Nisar on 18-10-1989. Uma Shanker (defendant No. 2) also sold portion of the suit house to Mohd. Nisar as per sale-deed (P-2), dated 12-9-1990.

(3.) PLAINTIFF averred that Rewa Ram obtained the house in question in partition with his brother Dayaram in the year 1970. It has been renumbered as house No. 53 situated at Dayanand Ward, Sagar. Defendant Nos. 1 to 3 were in the service of Railways and used to reside at Jhansi. They never remained in possession of the suit house. As Mohanlal, his wife and son looked after the deceased Rewa Ram in his life time he has given the house by way of an oral gift to them in 1972. Thereafter their possession became as owner. The factum of an oral gift was informed to the defendant Nos. 1 to 3, thus, there was an ouster. Plaintiff has remained in adverse possession as such right, title and interest of the defendants if any has been extinguished. The sale-deeds executed by Baijnath and Umashanker in favour of Mohd. Nissar were illegal and void and Mohd. Nissar was not entitled to enter into possession of a specific portion of the property on the strength of illegal and void sale-deeds. Hence, suit has been filed.